Panel Suppresses Handgun Tossed During Police Chase
A Queens judge should have suppressed a firearm that a man, convicted in 2008 of criminal possession of a weapon, tossed from his waistband during a foot pursuit by police, an appeals court ruled in vacating the man's indictment.
November 06, 2015 at 04:00 AM
4 minute read
A Queens judge should have suppressed a firearm that a man, convicted in 2008 of criminal possession of a weapon, tossed from his waistband during a foot pursuit by police, an appeals court ruled in vacating the man's indictment.
The decision by an Appellate Division, Second Department, panel in People v. Clermont, 726/07, on Wednesday was the second time the appeals court has reviewed a decision by Queens Supreme Court Justice Michael Aloise in the case.
In 2006, New York City Police Detective John Lunt and Officer Michael Duffy were on plainclothes patrol in an area known for gang activity in Jamaica, Queens when Lunt saw Jocelyn Clermont walking down the street and making “constant adjustments” to the right side of his waistband, according to the panel's decision.
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