PEOPLE v. TUCKER

864 KA 18-00147.

181 A.D.3d 103 (2020)

117 N.Y.S.3d 401

2020 NY Slip Op 00739

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELQUAN TUCKER, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided January 31, 2020.


Attorney(s) appearing for the Case

The Legal Aid Bureau of Buffalo, Inc., Buffalo ( Erin A. Kulesus of counsel), for defendant-appellant.

Caroline A. Wojtaszek , District Attorney, Lockport ( Thomas H. Brandt of counsel), for respondent.

Letitia James , Attorney General, Albany ( Dennis A. Rambaud of counsel), for intervenor-respondent.

WHALEN, P.J., DEJOSEPH and NEMOYER, JJ., concur.


OPINION OF THE COURT

We conclude that New York's criminal prohibition on the possession of a handgun in the home without a license, as applied to defendant, does not violate the Second Amendment of the Constitution of the United States.

I.

Upon executing a no-knock search warrant, police officers entered...

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