PEOPLE, res, v. JEFFREY JOHNSON, def-ap

9779. PEOPLE, res, v. JEFFREY JOHNSON, def-ap — Steven Banks, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for ap — Robert T. Johnson, District Attorney, Bronx (Robert R. Sandusky, III of counsel), for res — Judgment, Supreme Court, Bronx County (Harold Adler, J. at suppression hearing; Seth Marvin, J., at nonjury trial and sentencing), rendered January 21, 2010, convicting defendant of attempted criminal possession of a weapon in the fourth degree, and attempted possession of ammunition, and sentencing him to an unconditional discharge, reversed, on the law, defendant’s suppression motion granted, and the accusatory instrument dismissed.

In a New York City Housing Authority building, which the testifying officer characterized as a “drugprone” location, the officer observed defendant descending the stairs to the lobby. Upon seeing the police, defendant “froze,” “jerked back,” and appeared “as if he was going to go back up the stairs,” although he never retreated up the stairs.¹ The officer asked defendant to come downstairs, and defendant complied. The officer inquired whether defendant lived in the building, and defendant replied in the affirmative, whereupon the officer asked defendant to produce identification. Defendant immediately clarified that he was visiting his girlfriend, who lived in the building, and informed the officer that his identification was located in his pocket. As defendant moved his hands to retrieve it, the officer’s partner grabbed defendant’s left arm and pulled his hand behind his back, revealing a handgun inside defendant’s coat pocket. The officer seized the gun and placed defendant under arrest.