A trial court should have suppressed a gun that police found on a man who was ultimately convicted of a gun charge because the man had not been arrested prior to the discovery of the weapon, a Brooklyn appeals court ruled.
According to a decision by a panel of the Appellate Division, Second Department, in People v. Graham, 4345/11, police found a gun in Terrence Graham’s right jacket pocket but without first placing him under arrest, conducting a pat-down of the outside of the pocket or having any prior observations of a weapon.
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