Legal Opinion · Dissent

People v. Cooper

Appellate Terms of the Supreme Court of New York

Decided September 21, 2007Published

1DissentMcCooe, J.

I respectfully dissent. The only witness to testify at the hearing to determine whether a loaded shotgun seized from the defendant and statements made by him upon his arrest should be suppressed was the arresting officer, a six-year veteran of the police force, who had participated in over 50 weapons-related arrests.

The officer, assigned to an anticrime unit and patrolling with *48his partner in an unmarked police car, observed defendant and another male exiting a building located in a fairly high-crime area at 2:00 a.m. The defendant was walking with an “exaggerated” limp favoring a “stiff’…

2Cases cited14 opinions

  1. People v. CantorNew York Court of Appeals · 1975
  2. People v. MartinezNew York Court of Appeals · 1992
  3. People v. SobotkerNew York Court of Appeals · 1978
  4. People v. ChestnutNew York Court of Appeals · 1980
  5. People v. TorresNew York Court of Appeals · 1989

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