PEOPLE v. CHISOLM


7 A.D.3d 728 (2004)

777 N.Y.S.2d 502

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAY CHISOLM, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 17, 2004.


Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, that branch of the defendant's omnibus motion which was to suppress the contents of a knapsack is granted, and a new trial is ordered.

The defendant was convicted of criminal possession of a weapon in the third degree (see Penal Law § 265.02 [4]). At the pretrial suppression hearing, the arresting officer testified that the defendant was stopped...

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