New York Criminal Lawyer Blog
An appeal was filed by a man from a judgment convicting him of criminal possession of a weapon as a felony upon a jury verdict and from a judgment of the same court upon his plea of guilty to violation of probation. The appeal also brings up for review the denial of the man’s motion to suppress certain evidence.
A New York Criminal Lawyer said the incident happened at about 11:30 p.m. when a detective was sitting in plain clothes in a parked car observing a bar and an officer was with him. Both of them observed a car with three black males passing by the bar at 5 m.p.h. The car stopped for about 1 to 2 seconds and the three men in the car turned their heads towards the bar. The car then continued down the street at 5–10 m.p.h. After making their observations, the police followed the car. Thereafter, the car stopped at a corner in deference to a stop sign and all three heads again turned to observe a bar near the corner. In half-way down the next block, the officers pulled the car over. As they were stopping, the detective observed that one of the man inside the car bend over in the front seat. The driver came out from the car and stated that he did not have the registration or his license because he had forgotten his wallet. The two other males were also unable to produce identification. The latter two were then asked to get out of the car. The officer began questioning the other man who he observed that the hands were in his pockets. When the officer instructed the man to remove his hands from his pocket, the officer observed a bulge in his right side pants’ pocket. The officer conducted a pat down and the bulge felt like steel. The officer believed that the item was a blade, but when the man removed it from his pocket, it revealed that it was a clip with five .25 caliber bullets. The officer told his co-officer that there was probably gun around. The other officer quickly search for it and found it under the front seat.
The officer was aware when he stopped the car that there had been two gas station stick-ups and several office break-ins in the vicinity. The officer stated that when he observed the behavior of the car and its occupants as it drove by, he felt that a crime was about to be committed. A New York Criminal Lawyer said that on cross-examination the officer stated that he could tell all three looked towards the bar as they drove past it, by observing the backs of their heads. When the gun was found, all three were arrested.
The trial court determined that the gun and the clip were acceptable as evidence. In an opinion, the stop of the automobile was completely improper and illegal and the evidence, including the weapon upon which the conviction in the said case was based, should have been suppressed.
At the proceeding on the motion to suppress the gun held pursuant to the initial stop, a New York Sex Crimes Lawyer said the statement made by the man during the interrogation, the knife and coat, the court ruled that all the evidence was admissible. The judge found that the initial stop and arrest were justified.
Based on records, even though the facts differ from the case, the court fails to see any distinction in principle. Since the conviction is for the criminal possession of the weapon, the motion for the suppression of which should have been granted, the judgment should be reversed and the indictment dismissed.
Subsequently, a New York Drug Possession Lawyer said the court opposes and votes to reverse the decision. It further grants the motion to suppress, and dismiss judgment and to reverse the revised judgment and vacate the man’s guilty plea of probation violation.
If you are troubled by wrong accusations of other people, ask the assistance of Nassau County Arrest Attorney. If you want to help your loved ones with their crime related case, the Nassau County Criminal Attorney at Stephen Bilkis and Associates are the appropriate persons that can provide what your loved ones deserved.