An appellate court on Wednesday upheld a man’s weapons conviction and denied his motion to suppress a firearm found in a warrantless search by an officer who said she heard a gunshot coming from the defendant’s direction but did not see him with a gun.
The 3-1 ruling by a panel of the Appellate Division, Second Department, in People v. Kelly, 1941/08, affirmed a 2010 ruling by then-Acting Queens County Justice Fernando Camacho—who has since become an acting justice in Suffolk County—convicting Bryan Kelly of second-degree criminal possession of a weapon, third-degree criminal possession of a weapon and unlawful possession of marijuana.
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