People v. Diaz

OPINION OF THE COURT

Joseph Fisch, J.

The defendant, charged with criminal possession of a *391weapon in the third degree, moved to suppress the gun seized from his person as the fruit of an unlawful arrest. A Mapp hearing was held and upon the evidence adduced at said hearing, and a viewing of the crime scene, defendant’s motion is denied.

FINDINGS OF FACT

The People called one witness: Police Officer Richard Lap. The defense called no witnesses. The court finds the testimony of the People’s witness credible.

On May 31, 1993, Officer Lap and his partner Police Officer Robert Kish were on uniformed…