In a split decision, the Court of Appeals in People v. Debellis, __ N.Y.3d __, 2023 WL 8039658, 2023 N.Y. Slip Op. 05964 (Nov. 21, 2023) held that defense counsel did not provide meaningful representation because counsel failed to request a jury instruction on the “defense of voluntary surrender” of a firearm pursuant to Penal Law §265.20(a)(1)(f). In doing so, the court, for the first time under the current statute, detailed the parameters of the defense when a defendant, Mr. Debellis, claimed he was travelling to a police precinct to surrender a handgun when he was arrested for illegal possession of the handgun.

That statute allows individuals to surrender a firearm to specified law enforcement officials “in accordance with such terms and conditions as may be established by the police” and upon doing so they are not liable for criminal possession of the weapons specified in Penal Law §265.20(a)(1), which include criminal possession of a firearm.

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