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eBook details

• Title: People State New York v. George A. Daniels
• Author : Supreme Court of New York
• Release Date : January 24, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Appeal from a judgment of the County Court of Albany County, rendered June 29, 1979, upon a verdict convicting defendant of two counts of the crime of criminal possession of a weapon in the third degree. The record reveals that on May 5, 1978 a vehicle with faulty tail lights being operated by defendant was observed by two police officers. These officers testified that they followed the car, put on their red lights and shined a spot light into the rear window of the car; that they observed defendant throw an object in the back of the car; that when they approached the car they observed a gun sticking out of a paper bag in the back seat; and that defendant was then arrested, handcuffed and placed in the police vehicle. On the way to the police station, defendant was read his Miranda rights, and when asked if he understood his rights, he replied that he had been arrested before and understood his rights. When then questioned about the gun, he said he would make an oral statement, but not a written one. Defendant thereafter stated that he had bought the gun over a bar in Troy, that he had never fired the gun and that he purchased it for resale purposes. Defendant was subsequently indicted for two counts of criminal possession of a weapon in the third degree and one count of criminal possession of stolen property in the third degree. following plea bargaining negotiations, it was agreed that defendant would plead guilty to the first count of the indictment in full satisfaction of the indictment and would receive a sentence of two to four years as a predicate felon. The County Court thereafter refused to honor the bargain on the ground that it had subsequently come to the courts attention that defendant had an additional felony conviction and, therefore, he might be eligible for persistent felony treatment. Defendant was offered the opportunity to withdraw his plea. He exercised this option and proceeded to trial. Defendant did not testify at trial and was convicted of two counts of criminal possession of a weapon in the third degree, one predicated on a prior conviction admitted by defendant (Penal Law, § 265.02, subd 1), and the other based on possession of a loaded firearm (Penal Law, § 265.02, subd 4). A hearing was held [77 A.D.2d 745 Page 746]

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