New York Court of Appeals

The People v. Jose M. Rivera

November 21, 2023

Summary

The Court of Appeals affirmed the Appellate Division’s decision that the sentencing court properly exercised its discretion and correctly found Jose M. Rivera ineligible for youthful‑offender status. The Court also held that Rivera’s Second Amendment arguments were unpreserved and, even if preserved, minors lack an unrestricted right to possess firearms in public. Accordingly, the ten‑year sentence and supervision were upheld.