People v. Joseph

OPINION OF THE COURT

E. Leo Milonas, J.

The defendants herein were indicted on May 25, 1977 for criminal possession of a weapon in the third degree in that they allegedly "in the County of New York, on or about May 5, 1977, possessed a loaded firearm, to wit, a pistol, said possession being in an automobile other than a public omnibus.” They now move to dismiss on the ground that the evidence before the Grand Jury was insufficient to support the indictment, contending that the police had no justification to stop the car in question and thus lacked probable cause for the ensuing arrest and…