The People v. Trowells

Justice Troy K. Webber

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Trowells, charged with criminal possession of a weapon, moved for dismissal in the interest of justice under Criminal Procedure Law §210.40. An officer observed Trowells walking with a gravity knife clipped to his belt, which prosecutors claimed was in plain view. Trowells argued the detective attempted to engage him in a drug-related conversation, and when he refused, and tried walking away, he was physically stopped, and a search of his person revealed the knife. The court noted it need not explicitly address every factor under §210.40(1), but must consider the "real and compelling" reasons to warrant dismissal in furtherance of justice. It stated while it was not minimizing Trowell's actions, he was not using the knife unlawfully against another, or threatening its use, noting it was found in his possession following a search of his person by police. The basis for Trowells' stop, and subsequent search was unclear, noting if he refused to engage in conversation and attempted to walk away when he was apprehended, same did not rise to serious misconduct by police, but called into question the legality of the stop, and admissibility of the knife. It ruled dismissal would not result in any impact on the safety and welfare of the community and granted the motion.