People v. McCutheon

• Decision Date: 05 February 2013
• Citation: 958 N.Y.S.2d 595,103 A.D.3d 405,2013 N.Y. Slip Op. 00685
• Parties: The PEOPLE of the State of New York, Respondent, v. Kareem McCUTHEON, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

103 A.D.3d 405

958 N.Y.S.2d 595

2013 N.Y. Slip Op. 00685

The PEOPLE of the State of New York, Respondent,

v.Kareem McCUTHEON, Defendant–Appellant.

Supreme Court, Appellate Division, First Department, New York.

Feb. 5, 2013.

Richard M. Greenberg, Office of the Appellate Defender, New York (Alexandra Keeling of counsel), and Debevoise & Plimpton LLP, New York (John C. Dockery of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered May 28, 2008, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of three years, unanimously reversed, on the law, the judgment vacated, and the indictment dismissed.

This Court previously held this appeal in abeyance pending a new suppression hearing (96 A.D.3d 580, 946 N.Y.S.2d 570 [1st Dept. 2012] ). Supreme Court conducted the hearing and granted defendant's motion to suppress the pistol that defendant is charged with possessing. There being no basis for disturbing that determination, we vacate the conviction and dismiss the indictment.

SWEENY, J.P., ACOSTA, FREEDMAN, CLARK, JJ., concur.