PEOPLE v. HUTSON (2000)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Norris HUTSON, Defendant-Appellant.

Decided: March 07, 2000

ROSENBERGER, J.P., WALLACH, ANDRIAS, and FRIEDMAN, JJ.

Mary C. Farrington, for Respondent. Steven R. Berko, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered May 12, 1998, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of 7 years, unanimously affirmed.

Defendant's suppression motion was properly denied. We find that the totality of the information obtained by the police on the scene provided probable cause (see, Brinegar v. United States, 338 U.S. 160, 175, 69 S.Ct. 1302, 93 L.Ed. 1879) to believe that defendant either personally threw a pistol under a vehicle or jointly possessed the pistol with two other men. Therefore, we need not reach the issue of whether defendant's detention constituted an arrest. The police lawfully recovered a second pistol during a properly conducted inventory search of defendant's car (see, People v. Galak, 80 N.Y.2d 715, 594 N.Y.S.2d 689, 610 N.E.2d 362), made after the police learned that during the incident resulting in the arrest defendant and his companions had produced the first pistol from defendant's car.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network