People v. Harmon

OPINION OF THE COURT

Frederic S. Berman, J.

An indictment has been filed against the defendant, Willie Harmon, charging him with criminal possession of a weapon in the third degree, in violation of Penal Law § 265.02 (4).

Defendant, claiming to be aggrieved by an unlawful or improper search and seizure of evidence, has made a motion to suppress such evidence in the pending criminal action, and to suppress certain statements he made after arrest.

This case presents an interesting and somewhat unique issue of law. Does the touching of a bag containing a loaded weapon, which bag is not in the actual…