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People v. Hassan Clarke

Officer's Recovery of Knife, Marijuana Suppressed as Fruits of Unconstitutional Search

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*1 the defendant, Hassan Clarke, is charged with criminal possession of a weapon in the fourth degree (Penal Law §265.01[2]), consumption or possession of an open alcoholic beverage in a public place (NYC Admin Code §10-125[a][2][b]), possession of a knife with a blade of more than four inches (NYC Admin Code §10-133[b]), and unlawful possession of marihuana (Penal Law §221.05). On September 26, 2017 and September 28, 2017, a Dunaway/Mapp/Huntley hearing was held before this court. Police Officer Joseph Degirolamo testified for the People. Based on his credible testimony, the court makes the following findings of fact and law.Findings of FactOfficer Degirolamo has been a New York City Police Officer for almost six years. He is currently assigned to the 103rd Precinct’s Anti-Crime Unit. As

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