If the lawyer were to mention nullification to the jury the judge would immediately slap him down and strike the statement from the record. Judges do not want you to know about jury nullification.
“If the lawyer were to mention nullification to the jury the judge would immediately slap him down and strike the statement from the record. Judges do not want you to know about jury nullification.”
The lawyer would be better off challenging it on Second Amendment grounds. Glen Reynolds (Instapundit) believes there is a good chance that the NYC law could be overturned as an infringement of the right to bear arms. (Paper on it: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1909617.)
Worth a try.
Agreed, most judges do not want the notion even raised. But if the lawyer can cleverly sneak the idea through to the jury, the judge can "strike it from the record" all he wants but the jury won't unhear it. The lawyer then needs to be sure to slip the idea in again at closing arguments. "Ooops...! Sorry judgie."