Defendant in New York Drug Case Unsuccessfully Asks for Suppression of Incriminating Evidence — New York Criminal Attorney Blog — March 2, 2024

In a January 2024, New York Drug case earlier than the Supreme Courtroom of New York, Third Division, a defendant filed an enchantment of the decrease courtroom’s denial of his movement to suppress. The defendant took subject with a police officer’s search of his particular person, arguing the officer didn’t have a authorized foundation to infringe upon his privateness throughout the visitors cease in query. The upper courtroom reviewed related details associated to the defendant’s enchantment and in the end denied his request, affirming the decrease courtroom’s ruling within the course of.

Convictions at Subject

The defendant was first charged with prison possession of a weapon and prison possession of a managed substance in September 2019. After the State charged the defendant, he filed a movement to suppress the incriminating proof that officers seized that led to the costs. In the end, the trial courtroom denied the movement to suppress, and the defendant pled responsible. The courtroom sentenced him to 5 years in jail. He promptly appealed.

Foundation for Courtroom’s Denial

Within the defendant’s enchantment, he challenged the denial of his movement to suppress. The upper courtroom, nevertheless, reviewed the file and decided the defendant’s movement was, certainly, with out benefit. The defendant’s prices originated when an officer ran the defendant’s license plate and acknowledged the handle as one associated to a narcotics investigation that was ongoing. He then approached the defendant within the car parking zone of an area gasoline station, asking to see his license and registration. The defendant’s license was invalid; there was a lacking license plate mild on the defendant’s automobile; and the officer acknowledged the defendant’s title as a person identified for going through frequent drug prices within the space.

At this level, the officer requested the defendant to exit the car. Within the automobile, the officer observed a metallic tin cap and a hypodermic needle close to the middle console. Solely then did the officer conduct a search of the defendant’s particular person. Throughout this frisk, the officer discovered a revolver and a bag of capsules hidden within the defendant’s pockets and waistband.

Contemplating these details, the courtroom discovered that the officer had loads of cause to suspect that prison exercise may be afoot, and due to this fact that his search of the defendant was cheap. The defendant’s movement to suppress, which argued that the officer had no foundation for the search, was correctly denied.

With that, the defendant’s convictions and sentences had been additionally affirmed.

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