People v. Emerhall

OPINION OF THE COURT

John M. Leventhal, J.

The defendant stands accused of criminal possession of a weapon in the third and fourth degrees. A Mapp hearing was *401ordered to consider whether the weapon should be suppressed. At the hearing Police Officer (P.O.) Angelo Rodriguez of the 84th Precinct was the sole witness.

FINDINGS OF FACT

The court finds Officer Rodriguez to be credible. On August 7, 1998, P.O. Rodriguez was working a 1:00 p.m. to 9:00 p.m. tour. At 3:17 p.m., while on his motor scooter at Navy Street near the Farragut Houses, P.O. Rodriguez received a radio run describing a black,…