People v. Pinckny

*681OPINION OF THE COURT

Nicholas Iacovetta, J.

Defendant is charged with the crime of criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]) and related crimes.

He moves to suppress physical evidence, a firearm, because it was recovered as a result of his unlawful arrest. A Mapp hearing was held on May 15 and May 23, 2001. The People called two witnesses, Police Officer (P.O.) Eileen Reyes and P.O. Giuseppe Dellarusso. The defense did not call any witnesses.

Findings of Fact

At 12:05 a.m. on June 25, 2000, a New York City 911 operator received a 911 call stating that four young,…