Articles Posted in Gun Possession

Upon defendant’s motion, the Court conducted a combined hearing. The People called three witnesses, a Detective assigned to the Police Commissioner’s office, and 2 Police Officers. The defendant’s father testified for the defendant.

A Queens County Criminal attorney said that an Officer overheard these radio reports. While in the vicinity of 156th Street and 113th Avenue, approximately three blocks from the shooting and six minutes after the original broadcast, the officer observed defendant, a male Black, 6’1″‘ tall and 185 lbs., leaning against an automobile, parked on the left side of the street. Defendant was wearing a dark blue hooded sweatshirt and blue jeans, and was the only male in the area. He had his hands in the pouch in the front of the sweatshirt, which sagged a little.

The Officer asked defendant to remove his hands from the pouch, which he did, at which point the officer noticed that the pouch sagged or drooped more and he observed a bulge. He reached and touched the area with his left hand and felt the cylinder of a gun and reached inside with his right hand, removed the gun and swung defendant around, placing him up against a car. A subsequent inspection of the weapon revealed four live rounds and one spent shell.

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While on motor patrol in August 1977, a Police Officer received a call that shots were fired at premises located at a street in Queens. He proceeded to that location with his partners. Upon arriving and receiving information that someone had been seen on the roof, the Officer received permission from a tenant to go through her apartment to the fire escape which gave access to the roof.

A Queens County Gun Crime attorney said that on his way to the roof, the Officer observed the defendant peering down. As the officer approached, the defendant said, “That is all right, Officer, I am only walking my dog.” He told him to keep his hands in view, and he completed his ascent to the roof. It was dark and the weather was clear and warm.

A Queens County Criminal lawyer said that when the Officer arrived on the roof, he saw the defendant standing there without shirt or shoes. He was attired only in a pair of coveralls. He had a dog with him. When asked if he had heard anything, the defendant told the Officer that he had heard a few shots fired. At that moment his partners arrived, coming through two entrances from separate stairwells, which, they said, had been locked from the inside.

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In this Criminal case, the indictment charges the defendant with the crime of ‘Carrying a Dangerous Weapon’ in that he ‘had and carried concealed upon his person, a pistol loaded with ammunition at the time, without a valid, written license therefor.’

A Queens County Criminal attorney said that the only testimony before the Grand Jury is that of two police officers, the second one being a fingerprint expert whose testimony was elicited merely for the purpose of making the instant charge a felony, and who otherwise gave no substantive testimony.

The other witness, testified that in the course of a police investigation he took the defendant into custody at the Detective Squad in Queens County; that he questioned him in regard to a shooting that occurred at about 5:30 p. m. on that day; that the defendant told him that he was engaged in the shooting, that he had used a pistol, and that he had dropped that pistol in a specified catch basin.

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A man is charged with three counts of forgery in the second degree, criminal buying and receiving stolen property, criminal concealing and withholding stolen and wrongfully acquired property, possessing a pistol loaded with ammunition as a felony, and possession of a pistol, a bludgeon and a set of metal knuckles as a misdemeanor. The matter of the forgery counts and the buying, receiving, concealing and withholding counts are a quantity of airline tickets.

The man then moved for an order suppressing the use of any and all evidence seized in violation of his constitutional rights and for other and further relief as justice may demand a hearing was ordered.

The evidence discloses that the police obtained a search warrant from a judge of the criminal court, based upon the information allegedly furnished by a reliable informant that the man was in possession of jewelry which was proceeds of a crime, also a loaded gun and possible other contraband.

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In this Criminal case, the defendant appealed from a judgment convicting him of falsely reporting an incident in the third degree (two counts), upon a jury verdict, and imposing sentence.

A Queens County Criminal attorney said that in the early morning hours of May 2007, the defendant appeared at a for treatment of a gunshot wound to his left foot. After the hospital notified the police responded to the hospital, and asked the defendant what had happened. The defendant answered that, while he was standing on the corner of 157th Street and South Road in Jamaica, Queens, an unknown black male fired shots at the ground, and he was struck in the foot.

The defendant was subsequently transferred to another hospital, where he gave a similar account to a New York City Police Detective. The latter told the defendant that he did not believe his story and warned the defendant that if his account proved to be false, he would be charged with filing a false police report. The defendant then changed his story, and told the Detective that he had been drinking in a bar on Linden Boulevard, a location within the 113th Precinct. He stated that, when he left the bar, he was shot by someone he did not see.

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At approximately 12:55 a.m., a police officer, in plain clothes and assigned to the street crime unit, was driving southbound in an unmarked police car with his partner when he observed an automobile that double parked the street on the northbound side. He also observed that there were no other similarly double parked cars. The officer saw a man, who was standing on the passenger side of the car by the open rear door, remove something from his waistband, lean over and place it in the rear passenger compartment. The officer could not tell what the object was but, based on his extensive experience as a police officer and member of the street crime unit and the man’s movements, he believed it to be a gun. The officer then made a U-turn and pulled up behind the car, which had two occupants, both women, seated in the front. As the police vehicle came to a stop, the man closed the door and walked away.

The officer exited his car, stopped the criminal man near the rear of the car, identified himself as a police officer and, while the other officer detained the man, approached the car. On the floor of the rear compartment, he observed an empty shoe box and a .9mm semi-automatic handgun, the barrel of which was partially covered by the shoe box. The officer recovered the gun, which had six rounds of ammunition in the magazine and one in the chamber. At that point, the man told the officer that he would take the weight for the gun. After the officer explained to the man that if the gun was not his, he should not take the responsibility for it, but, the man admitted that he owned the gun.

At trial, the man called two witnesses, first, a neighbor and a friend of his family, who testified that the man was on the sidewalk talking to his brother when two men, whom she later learned were police officers, arrived. After speaking to the occupants of the double-parked car and removing them from the vehicle, one of the officers reached into the car and removed something. The two officers then arrested the man. The man’s second witness testified and stated that she was an ice cream vendor and a friend of the man, who had occasionally worked with him on her route. She stated that she was sitting in the driver’s seat of her automobile while waiting for the man, when she saw two plainclothes officers approach him as he stood on the sidewalk talking to his brother, and, apparently believing the man to be a robbery suspect and ask him for identification. She further stated that the officers then searched the front and back of her car and recovered a gun, which the criminal man denied owning. She did not know who owned the gun or how it found its way into her car. She testified that the man had not been in the car before the police approached.

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The deceased and his male friend occasionally sold marijuana out of a grocery store they owned together in Queens. While the deceased was away on a trip, the defendant came into the store and told the male friend that he wanted to buy a quantity of marijuana. They agreed on a price of $4,000, and the defendant later sent a man to pick up the drugs. The male friend soon discovered that the bills the man had given him in exchange for the marijuana were counterfeit. He called the defendant and demanded that he either return the drugs or bring the money. The criminal defendant did neither and, when the deceased returned from his trip, the male friend told him what had happened.

On the evening of January 19, 1993, the deceased was in the store with another friend. An associate of the defendant telephoned but the deceased hung up on him after saying only, that he doesn’t want to hear what he is to say. Another call came and the caller told him to bring the stuff back. Another call came in, this one from the defendant himself. Again, the deceased said that he doesn’t want to hear it, just bring it back.

A few minutes later, another man arrived at the store, followed soon after by the defendant and two other men. After one of the men asked the deceased why he had hung up on him, the defendant suddenly produced a gun, pointed it at the deceased, and said that he heard him telling the people what he is going to do him. The deceased replied that it is not true, but the defendant fired one shot at him from a distance of approximately four to five feet, striking him in the neck. After being shot, the deceased made an attempt to get out of the store through the back door behind the counter. He was unsuccessful.

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A man spent the evening of Saturday and the early morning hours of the next day in a basement apartment, smoking large quantities of crack cocaine and drinking large quantities of alcohol. As the night progressed, he also kidnapped and robbed at least two individual. After one of the said victims became very agitated, the man allowed him to leave on the condition that he will be back with money. The victim returned with his armed stepson and a friend. The man shot and killed the stepson, firing five rounds at him.

The man was then convicted of felony murder in the second degree, kidnapping in the second degree, robbery in the first degree, criminal possession of a weapon in the second degree, and two counts of criminal possession of a weapon in the third degree. He then filed an appeal, principally arguing that the trial court should have given a justification charge to felony murder.

At trial, a witness testified that at approximately 9:30 P.M., he went to a basement apartment to pick up a woman, whom he had recently met. Immediately upon entering the apartment, an individual whom he had never seen before and whom he identified at trial as the man, placed a gun at his back, searched him, took his money, keys, wallet, and other personal items, and ordered him to sit down. Also, inside the apartment at that time, there were the woman and two men that the witness had never seen before. The man, the woman, and the other individual then drank and did drugs, all of which they purchased with the witness’ money. At no time did the man put away the gun. During that time, the witness heard the man claim that when the drugs ran out, the woman would be the only witness.

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In May 1964 a search warrant authorizing a search of the person and the Queens County residence of the defendant was issued, based upon a supporting affidavit sworn to by a Detective. Armed with the warrant, the Detective and two other detectives took the defendant into custody in Manhattan, near his place of business. They frisked him but did not then open the attache case that he was carrying.

A Queens County Gun Crime lawyer said that the detectives informed the criminal defendant that they had the warrant and that with or without him they were going to proceed to Queens County to execute it. He apparently chose to accompany them. Just before entering the house, the detectives opened the attache case and discovered a loaded gun and a large quantity of airline tickets. The search of the house resulted in the seizure of another loaded gun, a pair of brass knuckles and a blackjack.

After the search was concluded, the officers asked the criminal defendant about the items found in the attache case and in the house, and he admitted ownership of the gun, brass knuckles and blackjack. According to the record, defendant made no statement until the weapon had been found.

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The defendant was indicted for Attempted Murder in the First Degree and other crimes. The defendant filed an omnibus motion requesting, inter alia, dismissal of the charge of Attempted Murder in the First Degree.

A Queens County Criminal lawyer said that the defendant was granted leave to reargue. Defendant claims on reargument that his conduct does not warrant a charge of Attempted Murder because, according to the defendant’s counsel, he “merely” pointed a gun at the officer and did not attempt to fire it.

To the contrary, the defendant’s assaultive behavior and his statement of intent, as discussed below, as well as the totality of the circumstances, supports a finding that there is a reasonable suspicion that the crime charged has been committed, and that the defendant committed said crime. The court therefore reaffirms its previous decision, and upholds the indictment of Attempted Murder in the First Degree.

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