People v. Lemmons
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | GREENBLOTT and SWEENEY, JJ., concur in part and dissent in part in a memorandum by GREENBLOTT; GREENBLOTT |
| Citation | 49 A.D.2d 639,370 N.Y.S.2d 243 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Melvin LEMMONS et al., Appellants. |
| Decision Date | 02 July 1975 |
Page 243
v.
Melvin LEMMONS et al., Appellants.
Goldberger, Feldman & Breitbart, New York City (J. Jeffrey Weisenfeld, New York City, of counsel), for appellants.
Francis J. Vogt, Ulster County Dist. Atty. (Edward M. P. Greene, Kingston, of counsel), for respondent.
Before HERLIHY, P.J., and LARKIN, REYNOLDS, GREENBLOTT and SWEENEY, JJ.
Page 244
MEMORANDUM DECISION.
Judgments, County Court, Ulster County (Mino, J.), rendered on June 28, 1974 and August 22, 1974, affirmed. No opinion.
HERLIHY, P.J., and LARKIN and REYNOLDS, JJ., concur.
GREENBLOTT and SWEENEY, JJ., concur in part and dissent in part in a memorandum by GREENBLOTT, J.
GREENBLOTT, Justice (concurring in part and dissenting in part).
These are appeals from judgments of the County Court of Ulster County, rendered June 28, 1974 in the cases of defendants Hardrick and Allen, and August 22, 1974 in the cases of defendants Lemmons and Doe * upon a verdict convicting each of the defendants of two counts of the crime of possession of a loaded handgun in violation of subdivision 2 of section 265.05 of the Penal Law.
On March 28, 1973, the defendants Lemmons, Hardrick, Allen and Doe were driving in an automobile on the New York State Thruway that was stopped for a speeding violation. In response to Trooper Emsing's request the driver, defendant Lemmons, produced a valid New York temporary registration certificate in his brother's name and a valid Michigan driver's license. As Trooper Emsing was making out the traffic citation at the patrol car, his partner, Trooper Askew, radioed for a computer check of the documents. The reply message was that Lemmons was wanted in Michigan on a fugitive warrant for a weapons violation. As a result of receiving that information, Lemmons was placed under arrest, handcuffed and put in the back seat of the patrol car. Trooper Askew then returned to the car Lemmons had been driving, and according to his testimony as found credible by the County Court in the course of a suppression hearing, he noticed through a window on the passenger side a handgun sticking out of defendant Doe's pocketbook. (Doe was the only female in the vehicle.) Doe, Hardrick and Allen were then arrested and a subsequent search revealed a second handgun in the pocketbook, and a machine gun and a quantity of heroin in the trunk.
Defendants' first contention on this appeal is that the motion to suppress the two handguns should have been granted. Since the defendants were...
To continue reading
Request your trial
-
Allen v. County Court, Ulster County, No. 158
...This motion was also denied. Appellees' convictions were affirmed by the Appellate Division, Third Department, People v. Lemmons, 49 A.D.2d 639, 370 N.Y.S.2d 243 (1975), two of the five judges dissenting in part, and by the New York Court of Appeals, People v. Lemmons, 40 N.Y.2d 505, 387 N.......
-
v. Allen, No. 77-1554
...The motion was denied, id., at 775-776, and the convictions were affirmed by the Appellate Division without opinion. People v. Lemmons, 49 A.D.2d 639, 370 N.Y.S.2d 243 (1975). The New York Court of Appeals also affirmed. People v. Lemmons, 40 N.Y.2d 505, 387 N.Y.S.2d 97, 354 N.E.2d 836 (197......
-
Albo v. State, No. 84-1945
...518, 430 N.E.2d 1282, 446 N.Y.S.2d 229 (1981); People v. Jones, 110 Misc.2d 875, 443 N.Y.S.2d 298 (Crim.Ct.1981); People v. Lemmons, 49 A.D.2d 639, 370 N.Y.S.2d 243 (1975); Commonwealth v. Millings, 317 Pa.Super. 235, 463 A.2d 1172 (1983); State v. Trenidad, 23 Wash.App. 418, 595 P.2d 957 3......
-
People v. Jones
...Amendment consequences of an erroneous computer generated police alarm for a stolen automobile. Close, however, is People v. Lemmons, 49 A.D.2d 639, 370 N.Y.S.2d 243 (3d Dept. 1975), affd. on other grounds, 40 N.Y.2d 505, 387 N.Y.S.2d 97, 354 N.E.2d 836 (1976), where an automobile which def......
-
Allen v. County Court, Ulster County, No. 158
...This motion was also denied. Appellees' convictions were affirmed by the Appellate Division, Third Department, People v. Lemmons, 49 A.D.2d 639, 370 N.Y.S.2d 243 (1975), two of the five judges dissenting in part, and by the New York Court of Appeals, People v. Lemmons, 40 N.Y.2d 505, 387 N.......
-
v. Allen, No. 77-1554
...The motion was denied, id., at 775-776, and the convictions were affirmed by the Appellate Division without opinion. People v. Lemmons, 49 A.D.2d 639, 370 N.Y.S.2d 243 (1975). The New York Court of Appeals also affirmed. People v. Lemmons, 40 N.Y.2d 505, 387 N.Y.S.2d 97, 354 N.E.2d 836 (197......
-
Albo v. State, No. 84-1945
...518, 430 N.E.2d 1282, 446 N.Y.S.2d 229 (1981); People v. Jones, 110 Misc.2d 875, 443 N.Y.S.2d 298 (Crim.Ct.1981); People v. Lemmons, 49 A.D.2d 639, 370 N.Y.S.2d 243 (1975); Commonwealth v. Millings, 317 Pa.Super. 235, 463 A.2d 1172 (1983); State v. Trenidad, 23 Wash.App. 418, 595 P.2d 957 3......
-
People v. Jones
...Amendment consequences of an erroneous computer generated police alarm for a stolen automobile. Close, however, is People v. Lemmons, 49 A.D.2d 639, 370 N.Y.S.2d 243 (3d Dept. 1975), affd. on other grounds, 40 N.Y.2d 505, 387 N.Y.S.2d 97, 354 N.E.2d 836 (1976), where an automobile which def......