From Casetext: Smarter Legal Research

Matter of Pierre

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 1996
224 A.D.2d 243 (N.Y. App. Div. 1996)

Opinion

February 8, 1996

Appeal from the Family Court, Bronx County (Harold J. Lynch, J.).


The arresting officer testified at the suppression hearing that he observed what "appeared to be the outline of a medium sized handgun" in respondent's left rear pocket and "put [his] hand right through his back pocket", where he removed a gun. The Family Court found that based upon the observation of the outline of a weapon, the officer had reasonable suspicion to stop and frisk respondent and, therefore, denied the motion to suppress.

We find, however, that the testimony of the officer that he observed the "outline" of a gun was belied by the other, more credible evidence at the hearing. Since it "has all appearances of having been patently tailored to nullify constitutional objections" ( People v. Garafolo, 44 A.D.2d 86, 88), we refuse to credit that testimony.

Concur — Sullivan, J.P., Rosenberger, Ellerin, Rubin and Nardelli, JJ.


Summaries of

Matter of Pierre

Appellate Division of the Supreme Court of New York, First Department
Feb 8, 1996
224 A.D.2d 243 (N.Y. App. Div. 1996)
Case details for

Matter of Pierre

Case Details

Full title:In the Matter of PIERRE N., a Person Alleged to be a Juvenile Delinquent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 8, 1996

Citations

224 A.D.2d 243 (N.Y. App. Div. 1996)
637 N.Y.S.2d 704