People v. Carver

OPINION OF THE COURT

James M. Kindler, J.

Defendant, charged with criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]) and related offenses, moves in an omnibus motion to suppress a gun recovered from the waistband of his pants and statements he made to law enforcement officials, after the car in which he was a passenger was stopped by the police. A Dunaway/Mapp/Huntley hearing was held on June 11, 12 and 13, 2013, at which Sergeant Brian Holshek, of the New York City Police Department, testified for the People. Defendant presented no evidence.

Based on the evidence…