People v. Otero

Judgment, Supreme Court, Bronx County, rendered on August 4, 1975, convicting defendant, after trial, of the crime of possession of a weapon in the third degree (Penal Law, § 265.02, subd [4]), reversed, on the law and on the facts, and indictment dismissed. The testimony of the arresting officers discloses that, at about 11 o’clock at night, while riding in a taxicab used by the police for anticrime patrol, they observed the defendant carrying packages in front of an unlit grocery store. That store, which was owned by the defendant’s son, was operated by the defendant. Officer Smith…