People v. Havelka

OPINION OF THE COURT

Wachtler, J.

A jury convicted the defendant of unlawful possession of a weapon (Penal Law, § 265.05, subd 2), a felony, and unlawful possession of a weapon (Penal Law, § 265.05, subd 3), a misdemeanor. At a pretrial hearing, defendant’s motion to suppress was denied. The Appellate Division found the evidence offered at the suppression hearing insufficient to justify the challenged police action, and, holding the appeal in abeyance, remitted the case for a rehearing, giving the People the opportunity to offer further evidence. After the rehearing the lower court adhered to…