Appellate Division Reverses Gun Conviction
A police officer questioned Mr. Thompson after seeing him engage in a hand-to-hand marijuana sale. Mr. Thompson, who was wearing a backpack, fled when told that he was under arrest. The police officer grabbed him by the backpack, which came loose during the struggle and was left on the ground as the chase continued.
After subduing Mr. Thompson about 36 feet away and leaving him in the custody of other officers, the officer recovered the backpack, opened it, and found a gun loaded gun inside.
Mr. Thompson was convicted of criminal possession of a weapon in the second and third degrees, as well as lesser crimes, and sentenced to 10 years in prison on the top count.
The Appellate Division vacated Mr. Thompson’s conviction, reversed the lower court’s denial of suppression, and remitted the case for further proceedings.
Alex Donn briefed and argued the case.