William Neri addresses gun case issues at Columbian Lawyers Association meeting

November 27, 2023 Robert Abruzzese, Courthouse Editor

William Neri, the Principal Law Clerk to Kings County Supreme Court Justice Vincent Del Giudice, is pictured alongside Yolanda Guadagnoli, president of the Columbian Lawyers Association, at the association's recent meeting.
Photos courtesy of William Neri

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At the monthly meeting of the Columbian Lawyers Association of Brooklyn on Nov. 8, William Neri, the principal law clerk to Justice Vincent Del Giudice, judge of the Court of Claims, presented a comprehensive lecture on the complex landscape of gun cases in New York State.

His talk, titled “Current Issues in Gun Cases: From Constitutionality to Evidentiary Concerns in New York State,” took place at Gargiulo’s Restaurant in Coney Island on Thursday, Nov. 9 and dissected the multifaceted aspects of firearm possession and its constitutional implications.

Neri’s presentation highlighted NYPD statistics showing a rise in gun possession arrests in New York City, with 3,411 arrests as of Oct. 1, 2023, and 419 in September 2023 alone.

The total arrests in 2022 were 3,584. Additionally, he noted that there were 1,277 shooting victims in 2022 and 907 victims by Oct. 1, 2023. Neri pointed out that the Kings County Supreme Court, Criminal Term had 1,446 post-indictment gun cases pending as of Oct. 1, 2023, a quarter of its entire case inventory.

Neri explained the elements of a gun possession charge under New York’s Penal Law. He also discussed the evolution of constitutional interpretations of the right to bear arms and referenced the pivotal 2008 District of Columbia v. Heller decision, in which the U.S. Supreme Court recognized an individual’s right to keep and bear arms for self-defense in the home, marking a departure from over 200 years of the right being associated with a well-regulated militia.

William Neri delivered his lecture on "Current Issues in Gun Cases: From Constitutionality to Evidentiary Concerns in New York State” to the members of the Columbian Lawyers Association at their latest meeting. — William Neri delivered his lecture on “Current Issues in Gun Cases: From Constitutionality to Evidentiary Concerns in New York State” to the members of the Columbian Lawyers Association.

He then touched on the NY State Rifle and Pistol Association v. Bruen case, which challenged New York’s requirement for proving “proper cause” for concealed carry permits. The U.S. Supreme Court, using the Historical Tradition Test, found New York’s licensing scheme unconstitutional but did not prohibit states from requiring firearm licenses.

Neri highlighted the People v. Rodriguez case, in which the court underlined the need for a balanced interpretation of the Constitution that ensures public safety.

He concluded with the implications of the Historical Tradition Test, noting the Second Department’s statement in People v. Manners that Bruen had no impact on the constitutionality of New York’s Criminal Possession of a Weapon statutes.

Neri has worked as a judicial law clerk since 2018, and prior to that he was a senior assistant district attorney for the Kings County District Attorney’s Office. Neri also works as an adjunct professor at New York Law School, where he graduated in 2011, cum laude.

Neri’s experience as an ADA, a judicial clerk, and lecturer has made him a sought after speaker in the local legal community. Neri is scheduled to speak again on issues in gun cases at an upcoming meeting of the Kings County Criminal Bar Association on Thursday, Dec. 7.