Second Department Dismisses Indictment Because of Illegal Search
December 22, 2015
Terrence Graham was convicted of criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the fifth degree after a police officer "searched the defendant’s jacket pocket without any prior visual observations of a weapon and without first conducting a pat down of the outside of the pocket." Mr. Graham was sentenced to 18 years to life in prison. Holding that the search was illegal, the Second Department reversed the conviction and dismissed the indictment.
Tammy Linn briefed and argued the case for Appellate Advocates.