Legal Aid Society, Bronx (Steven Mechanic of counsel), for defendant.
Robert T. Johnson, District Attorney of Bronx County (Gary Weil of counsel), for plaintiff.
Nicholas Iacovetta, J.
Defendant is charged with the crime of criminal possession of a weapon in the third degree (Penal Law § 265.02 ) and related crimes.
He moves to suppress physical evidence, a firearm, because it was recovered as a result of his unlawful arrest. A Mapp hearing was held on May 15 and May 23, 2001. The People called two witnesses, Police Officer (P.O .) Eileen Reyes and P.O . Giuseppe Dellarusso. The defense did not call any witnesses.
Findings of Fact
At 12:05 A.M . on June 25, 2000, a New York City 911 operator received a 911 call stating that four young, tall, black men, teenagers, were in the third floor hallway opposite apartment 3K at 741 Hunts Point Avenue in the Bronx. The male caller stated that they had a little silver, chrome gun which looked like a little .22 caliber. The caller stated that the above observations were made by the caller as the caller looked through the peephole of the caller's apartment.
The caller also stated that there was a party going on in apartment 3K at the time and that the four men had entered apartment 3K after they fired a single shot in the hallway but that they were now back in the hallway. The caller did not give his name but urged the 911 operator to " hurry up and get here because nobody can be coming down, little kids, everything."
The 911 operator then made an entry into the computer system used to transmit call information to the New York City Police Department (NYPD). At 12:14 A.M. the NYPD dispatcher broadcast a report of a 10-10, shots fired, at 741 Hunts Point Avenue with a male complainant stating " there was one shot fired by four male blacks, one tall with a silver handgun, fired a shot and ran into apartment 3 King on the third floor at 741 Hunts Point Avenue." When an unidentified sector car requested a description, the NYPD dispatcher replied, " at this time it's just stating a male black. He was tall with a silver handgun."
At the hearing, P.O. Reyes remembered responding to a radio run on June 25 at about 12:15 A.M . which she recalled as stating " shots fired, describing a male black, tall with jeans, on the third floor landing at 741 Hunts Point Avenue." P.O . Dellarusso remembered the same radio transmission as stating
" shots fired, man with a gun, tall male black sitting on the third floor of 741 ...