Liberty Blog

NY Safe-Act Conviction Overturned

April 27, 2019

 

April 26, 2019, The first conviction prosecuted under the NY Safe-Act has been overturned by the NYS Supreme Court. In a unanimous decision, the State Supreme Court, Appellate Division, ruled that the New York State Attorney General’s Office, held by Eric Schneiderman at the time of initial legal action, failed to demonstrate legal authority to prosecute the SAFE Act violations against the defendant, Benjamin Wassell.

The Court's statement

“Because the People failed to establish that the Attorney General had authority to secure the indictment and prosecute the case, we conclude that the judgment must be reversed and the indictment dismissed.”

Wassell was convicted in Chautauqua County Court in May 2014 of third-degree criminal possession of a weapon and third-degree criminal sale of a weapon.

 

The court decision is not a determination of the constitutionality of  the NY Safe-Act. It is a statement on the prosecutorial authority of the state Attorney General’s office, which prosecuted Wassell’s case through both the trial and sentencing. Wassell’s contentions with the Safe-Act were not taken up by the Appellate Division after its determination about the Attorney General’s lack of jurisdiction in the case.

 

Stay Current with 2nd Amendment New!

Click Here To Join Our 2A Newletter, "The Firing Line"

 

 

Divide NY T-Shirts Available at TheLibertyDenStore.com

 

 

Share on Facebook
Share on Twitter
Please reload

Featured Posts

Trump Shifts Position On Gun Control Bills

October 26, 2019

1/5
Please reload

Recent Posts
Please reload

  • Facebook Social Icon
  • Instagram Social Icon
  • Twitter Social Icon
  • YouTube Social  Icon