PEOPLE v. RAMPERSAD

2010-07122, 2011-11665. Ind. No. 938/08.

158 A.D.3d 727 (2018)

71 N.Y.S.3d 529

2018 NY Slip Op 01084

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NICHOLAS RAMPERSAD, Appellant.

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

Decided February 14, 2018.


Ordered that the judgment and the resentence are affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied suppression of a gun recovered from him and his written statement to law enforcement officials. At the suppression hearing, a police officer testified that he observed the defendant toss litter from the driver's side of his vehicle, which was stopped, but with the motor running. This testimony, which the hearing court credited, established...

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