Does the Defendant have standing to challenge the constitutionality of Section 5(1) of the Civil Code of Civil Procedure on the issue of stun guns?
"New York", United States of America
The following excerpt is from People v. Williams, 106 N.Y.S.3d 738, 65 Misc.3d 430 (N.Y. Cty. Ct. 2019):
The District Attorney also opposes. He also argues that the Defendant lacks standing by virtue of his prior criminal conviction from challenging the constitutionality of this section. People v. Knight, supra . He distinguishes the case of Avitabile v. Beach, supra , because that case found that the prohibition of stun guns was unconstitutional. Here, the prohibition is against a particular kind of knife, not all knives.
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