People v. Wood

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered March 29, 1994, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a prison term of 1 year, unanimously affirmed. The matter is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).

Defendant’s motion to' suppress evidence was properly denied. Defendant’s purchase of a holster in a 42nd Street "novelty shop” gave the police the right to make a common-law inquiry, and, while defendant’s nervous behavior…