People v. McGrew

APPELLATE DIVISION
FOURTH DEPARTMENT
Criminal Practice

New York Law Journal

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Per Curiam

Defendant McGrew appealed from a conviction, on a jury verdict, of criminal possession of a weapon, and unlawful possession of marijuana. McGrew argued reversal was warranted as the police officer who stopped him, and a codefendant, before their arrest lacked the statutory authority to do so under Criminal Procedure Law §140.50(1). McGrew noted he was stopped in a college parking lot in the Town of DeWitt, which was more than 100 yards from the City of Syracuse boundary line, by a Syracuse detective. The panel noted under §140.50(1), a police officer may stop a person in a public place located within the geographical area of such officer's employment. It noted while the detective called DeWitt police to effectuate a formal arrest of McGrew, the detective himself lacked authority to stop and question McGrew in DeWitt. As such, the detective's violation of §140.50(1) required suppression of the evidence derived from such violation. The panel also found McGrew's claim that the court abused its discretion in rejecting defense counsel's peremptory challenge to a prospective juror had merit. Thus, the unanimous panel reversed on the law, and granted suppression of physical evidence, dismissing the indictment.

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