People v. Franklin Hughes


AD2 order dated April 19, 2012, affirming judgment of conviction for gun possession. Decision below: 83 A.D.3d 960, 921 N.Y.S.2d 300. Lippman, Ch.J., granted leave June 22, 2012.

ISSUE PRESENTED: Whether defendant’s gun possession conviction violates the Second Amendment where the possession was in the home by a defendant previously convicted of a crime (P.L. §§265.02[1], 265.03[3]). (Assigned counsel: Michael A. Fiechter, P.O. Box 1107, Bellmore, NY 11710.)

Issue before the Court: Whether the defendant’s Second Amendment rights were violated by his conviction for second-degree possession of a loaded firearm (in home, but prior conviction).


Held: No.  Severe punishment is suitable for a convicted criminal who, though eligible for a gun license, violates the law by obtaining an unlicensed gun.