People v. Helmus

This is a motion to suppress the use of a pistol on the trial of an indictment accusing the defendant of the crime of criminally possessing a loaded firearm. It appears from the testimony at the hearing before me, that upon the complaint of the wife of the defendant, a police officer called at the home of the defendant and was told of an allegedly stolen automobile.

Before the policeman gave evidence of the conversation with the wife, defendant’s counsel objected to any such testimony on the ground that the evidence was inadmissible under section 2445 of the Penal Law which, inter alia,…