People v. Santana

The defendant is charged with felony possession of a weapon (Penal Law, § 265.05, subd. 2). After hearing, the defendant moved to reduce the charge to possession as a misdemeanor (Penal Law, § 265.05, subd. 3). The hearing adduced the following facts and I so find:

The officer in a patrol car observed the defendant sitting in the driver’s seat of a taxi (nonmedallion) with a female beside him. The taxi was parked. The officer’s curiosity was aroused because of the lady’s presence in the front, rather than the rear, of the car. He brought his car to a stop behind the taxi and approached the…