People v. Stewart

— Judgment, Supreme Court, New York County (Harold J. Rothwax, J., at suppression hearing, plea and sentence), rendered February 27, 1991, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a predicate violent felony offender, to a term of 2 Vi to 5 years, unanimously affirmed.

The hearing court properly denied defendant’s application to compel testimony by the arresting officer’s partner, as defendant presented no bona fide factual predicate which demonstrated that such officer possessed noncumulative, material evidence on the seizure issue…