People v. Baez

Mazzarelli, J.P., and. Andrias, J.,

concur in a separate memorandum by Mazzarelli, J.E, as follows: I agree with the majority that defendant’s conviction should be affirmed. However, I disagree that defendant’s statement that he owned the gravity knife should have been suppressed. Further, I do not believe that the issue needs to have been reached by the majority.

The police testimony at the suppression hearing can be summarized as follows. On December 27, 2008, at approximately 1:30 a.m., three police officers were in uniform and on routine patrol in their unmarked vehicle in the vicinity of…