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.
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