People v. Mack

This is an appeal from a judgment of the Appellate Division, Second Department, which affirmed a judgment of Supreme Court, Bangs County, convicting defendant (after the denial of his motion to suppress) on his plea of guilty to unlawful possession of a weapon as a misdemeanor.

At the suppression hearing Patrolman James Stevens was the only witness for the People. He testified that on October 20, 1968 he and a brother officer were investigating narcotic activity in the area of Jefferson Street and Howard Avenue in Brooklyn. At approximately 2:30 p.m. and while the officers were sitting in an…