In a recent New York criminal defense case, a New York Appellate Court affirmed the trial court decision, finding that the court had properly denied the defendant’s motion to suppress evidence in a case involving illegal possession of guns and illegal possession of drugs.   In the appeal, the Defendant challenged the denial of his motion to suppress his statements and certain physical evidence. The defendant was charged with Criminal Possession of a weapon in the second degree, criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fourth degree, criminal possession of a controlled substance in the seventh degree (four counts), criminally using drug paraphernalia in the second degree, criminal possession of a weapon in the fourth degree, criminal possession of stolen property in the fourth degree and three traffic violations.

Facts of the Case

According to the opinion, a state trooper observed the defendant’s vehicle change lanes without signaling and cross over a rumble strip on the highway. The state trooper proceeded to initiate a traffic stop, pulling the defendant over. Upon approaching the defendant’s car, the state trooper observed the defendant sitting in an “unnatural position” that appeared to shield something from view. In response to questioning, the defendant stated that he was returning from work. At that point, the state trooper asked the defendant to exit the vehicle, and the defendant complied. The state trooper continued to question the defendant, at which point, the defendant stated that he was returning from a friend’s house, which was inconsistent with his original answer. At this point, the state trooper decided to run a “file check” on the defendant and discovered he was on parole. The state trooper and his partner then asked for permission to search the car, and according to the trooper, the defendant answered in the affirmative.

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