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Defendant Contends Evidence Regarding Knife Inadmissible


A man was charged with robbery in the first, second and third degrees, grand larceny in the fourth degree, criminal possession of a weapon in the fourth degree and unlawful possession of marihuana . A New York Drug Crime Lawyer said that all proceedings have been completed and the case was sent to the Court for trial.

The charges stems from an incident in which the complainant was robbed with a knife. The knife allegedly used by the man during the said incident was not recovered. At a pre-trial conference, the jury requested the court’s permission to present evidence that approximately two weeks prior to the occurrence which comprises the charges in the instant case. It was a police officer who observed the man in possession of a knife which is similar to the description given by the complainant about the knife used in robbing.

A New York Drug Possession Lawyer said the Supreme Court ruled that the testimony relating to the observation of the knife would be admissible at trial on the issue of identity and to complete the narrative. The man then claimed that the observation of the knife was the result of improper interference with his liberty by the police. An evidentiary hearing was held and the police officer was the only witness at the hearing. The court then found his testimony to be credible and made findings of fact and conclusions of law.

At the hearing, the police officer alleged that he was assigned to the intelligence division of the 48th precinct. He had also received numerous narcotics complaints from several locations in the area known as a drug prone location. Several complaints involving the sale of crack cocaine and heroin had also been received relating to a social club at the intersection. He further stated that when he and his partner approached the said corner with plainclothes and driving an unmarked police vehicle, they noted that several persons were congregating on the corner. As the police vehicle approached, one of the people on the corner leaned over and whispered something to the man who immediately took two steps back and runs and turns to the corner heading southbound. As he got closer the corner, the man turned and ran.

The officers followed the man and abruptly stopped the car next to the man within several feet of the corner. Their intention was to find out what he was running for. The man turned and looked at the police officers. When the officer yelled and asked why he was running, the man did not respond. The man stopped running and appeared to crouch down slightly behind a parked car and his hands looked like they were close to his jacket pockets. The officer didn’t know if the man had a weapon on him or if he’s dropping anything to the ground. He can’t tell because the man’s hands were hidden from his view.

As the officer exited his vehicle, he told the man if he can see the man’s hands. As the officer’s partner approached, the man stated that all he got was a weed. A Nassau County Drug Possession Lawyer said the man was then placed under arrest and 19 glassine envelopes of marihuana were recovered from him.

At the time of the arrest, the police also recovered a small folding knife with a white and glossy handle. The officer believed that the blade was less than four inches long which is not illegal to carry in public. A Queens Drug Possession Lawyer said the man was given a summons regarding the marihuana possession and the knife. Consequently, the jury’s application to present evidence that approximately two weeks prior to the alleged crime from which the officer observed the man in possession of a knife is denied.

Sometimes we can’t avoid accusations and allegations of others even if they are not sure of what they saw or what they hear. If you happen to be in trouble because of wrong claims, the Bronx Criminal Attorneys can provide you legal advice and guidance. If you want legal representation from the skilled Bronx Drug Lawyers at Stephen Bilkis and Associates, don’t think twice and call their offices immediately.

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