People v. Mc Gill

*948OPINION OF THE COURT

Edward A. Sheridan, J.

Defendant, indicted on one count of criminal possession of a weapon in the third degree (Penal Law § 265.02), moves to suppress a loaded .25-caliber automatic pistol, an ammunition clip with six rounds, two shoulder holsters, a briefcase and two statements made to the arresting police officer. Pursuant to Mapp v Ohio (367 US 643) and People v Huntley (15 NY2d 72), the court conducted an evidentiary hearing on October 19 and 20, 1992. The People called one witness, Police Officer James Howard; the defense called the defendant.

FINDINGS OF FACT

On May 13,…