Legal Opinion

People v. McNair

Appellate Division of the Supreme Court of the State of New York

Decided April 6, 2006PublishedCited by 7 opinions

1Opinion of the CourtCrew Iii, J.

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered December 16, 2004 in Albany County, upon a verdict convicting defendant of the crime of criminal possession of a weapon in the third degree.

On June 2, 2004, Officer Brian Hawley of the City of Albany police department received a radio transmission advising that there was a “black male racking a gun” on Third Street in the City of Albany. Hawley, aware that fellow officers already had responded to the Third Street location, drove two blocks south to First Street where he noticed defendant. When defendant saw Hawley, he began…

2Cases cited3 opinions

  1. People v. MendozaNew York Court of Appeals · 1993
  2. People v. MullenAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. WeddingtonAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by7 opinions

  1. People v. CarotaAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. NewellAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. HaskinsAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. McNairAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2007

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