First conviction prosecuted under NY SAFE Act overturned

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FILE – This June 27, 2013 file photo shows a rack of rifles at Firing-Line gun store in Aurora, Colo. A new survey by the Pew Research Center shows Americans have grown more divided over gun issues. The survey of adults showed about half favor gun-control measures while about half support preserving gun rights. The […]

BUFFALO, N.Y. (NEWS10) – The first conviction prosecuted under the NY SAFE Act has been overturned by the NYS Supreme Court on Friday.

The New York Supreme Court ruled that then-Attorney General Eric Schneiderman did not have the legal authority to prosecute the SAFE ACT violations against Benjamin Wassell. 

“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 be reversed and the indictment dismissed.”

Wassell was convicted on May 30, 2014 of third-degree criminal possession of a weapon and third-degree criminal sale of a firearm. 

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