People v. Nelson

Carro and Alexander, JJ., dissent in a memorandum by Alexander, J., as follows:

Because it is clear that the police testimony as to the events that transpired immediately preceding the defendant’s arrest for criminal possession of a weapon in the third degree (Penal Law, § 265.02, subd [4]) “has all appearances of having been patently tailored to nullify constitutional objections” (People v Garafolo, 44 AD2d 86, 88) and should not be credited, I would reverse the defendant’s conviction, grant the motion to suppress and dismiss the indictment. Police Officer Joseph Kelly, the People’s only…