Court Tosses Brooklyn Gun Conviction After Suppression Ruling Exposes Flawed Police Testimony — New York Criminal Attorney Blog — April 11, 2025

In a uncommon however highly effective determination, a Brooklyn appellate courtroom has reversed a conviction for Brooklyn gun case, vacated the defendant’s responsible plea, suppressed the gun that shaped the guts of the prosecution’s case, and dismissed the indictment. The case sends a transparent message: when the police can’t meet their burden to justify a cease and search, and when their account doesn’t face up to primary scrutiny, the proof they get well could also be unusable in courtroom.

Should you’ve been charged with a firearm offense in New York, particularly following a road cease or chase, this case issues. This case demonstrates what we’ve got typically stated, {that a} well-argued suppression movement and cautious evaluate of officer conduct can lead not simply to a lowered sentence, however to finish dismissal of all expenses.

The Arrest That Triggered the Case

The arrest occurred in July 2021. Round 10 p.m., an NYPD officer in an unmarked automobile claimed to see a bunch of three males strolling down Sterling Place. Based on his testimony, one man was adjusting his waistband. The officer exited the automobile, confronted that man, and claimed he then noticed the defendant—who was strolling barely behind—tighten his waistband, supposedly revealing the define of a gun. The defendant ran. Officers chased him, tackled him, and located a gun beneath his clothes. Months later, he pled responsible and accepted a jail sentence.

Suppression Listening to Reveals Inconsistencies

On the suppression listening to, the officer’s story started to collapse. Physique digicam footage contradicted key particulars of his model. It confirmed no clear interplay with the waistband earlier than the cease. It didn’t present the defendant’s shirt revealing any firearm-shaped define. Worse, the officer didn’t activate his physique digicam in time to file audio of the preliminary cease and had made no point out of the group’s “preliminary goal” in his memo e-book or prior experiences. On the stand, his testimony appeared fastidiously adjusted to satisfy the authorized customary for a sound cease. The courtroom in the end dominated that the testimony was not credible and that the search and seizure have been unconstitutional.

New York Regulation Requires Extra Than Flight to Justify a Chase

Beneath New York regulation, police will need to have affordable suspicion earlier than they pursue or cease somebody. Flight alone doesn’t justify a chase. Officers want particular, articulable details suggesting prison exercise. The courtroom on this case reaffirmed that precept. The officer by no means described conduct by the defendant himself—solely imprecise observations that have been unsupported by video and contradicted by his personal paperwork.

The appellate judges emphasised that testimony isn’t routinely plausible simply because it’s given beneath oath. If the story is “manifestly unfaithful” or defies widespread sense, it might be rejected outright. That’s what occurred right here. The courtroom referred to as the declare that the officer noticed an L-shaped object by the shirt of a person standing behind one other man “unbelievable as a matter of regulation.”

As soon as a Search Is Discovered Unlawful, the Proof Should Be Suppressed

As soon as the courtroom dominated that the cease and search have been unconstitutional, the subsequent step was clear. The firearm recovered from the defendant’s particular person needed to be suppressed. With out the gun, there was no case left to prosecute. The conviction and plea have been thrown out, and the indictment dismissed. The case was despatched again to the trial courtroom to formally seal the file.

Why Suppression Motions Are Essential

This case by no means went to trial. It ended with a plea, as many do. However as a result of the protection challenged the cease by a suppression movement, the reality got here out. Even after a responsible plea, suppression points will be reviewed and might result in dismissal. Submitting that movement early offers you leverage. It additionally protects your rights and provides your legal professional a path to struggle proof that ought to by no means have been launched within the first place.

You Don’t Must Accept a Unhealthy Plea

This ruling ought to supply hope. In case your case entails a questionable cease, inconsistent police testimony, or an arrest made with out stable justification, you could possibly problem the complete basis of the prosecution’s case. You shouldn’t plead responsible earlier than each piece of police conduct is put beneath a microscope.

Tilem & Associates is aware of tips on how to take these challenges significantly. We file suppression motions early. We scrutinize each report, each video, and each phrase of testimony. In case your rights have been violated, we struggle to have the proof suppressed—and your case dismissed. Contact us at 877-377-8666 or by our safe on-line kind. The police don’t get the ultimate phrase. You do.