PEOPLE v. SWIFT

Ind. No. 3497/19. Appeal No. 612. Case No. 2021-02881.

219 A.D.3d 1231 (2023)

195 N.Y.S.3d 476

2023 NY Slip Op 04728

The People of the State of New York, Respondent, v. Carl Swift, Appellant.

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

Decided September 26, 2023.


Attorney(s) appearing for the Case

Jenay Nurse Guilford , Center for Appellate Litigation, New York ( David J. Klem of counsel), for appellant.

Alvin L. Bragg, Jr. , District Attorney, New York ( Andrew H. Chung of counsel), for respondent.

Concur—Renwick, P.J., Moulton, Kennedy, Scarpulla, Higgitt, JJ.


Judgment, Supreme Court, New York County (Michele S. Rodney, J.), rendered July 23, 2021, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the second degree, and sentencing him as a second felony offender to a term of five years, unanimously affirmed.

Defendant did not preserve his Second Amendment challenge, based on the United States Supreme Court decision in New York State Rifle & Pistol Assn., Inc. v Bruen<...

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