People v. Driscoll

*198OPINION OF THE COURT

Peter C. Buckley, J.

The defendant is charged with criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), alleged to have occurred in the City of Elmira on September 6, 2005. A Mapp hearing was conducted before me on June 15, 2006 to determine whether a weapon seized from the defendant should be suppressed.

Testifying at the Mapp hearing was Elmira City Police Officer Jonathan Hibbard. The defendant called no witnesses at the hearing.

Based upon the evidence received at the hearing, the court makes the following findings of fact and conclusions of law.

Fi…