People v. Davis

45 A.D.3d 1039, 845 N.Y.S.2d 193
Appellate Division of the Supreme Court of the State of New York·Decided November 15, 2007·Published·Cited by 1 cases

Opinion

Carpinello, J.

Appeal from a judgment of the County Court of Schenectady County (Richards, J.), rendered January 30, 2006, upon a verdict convicting defendant of the crimes of criminal [1040]*1040possession of a weapon in the second degree, criminal possession of a weapon in the third degree, endangering the welfare of a child, obstructing governmental administration in the second degree and resisting arrest, and the traffic infractions of leaving the scene of an incident without reporting, reckless driving, failure to comply, failure to keep right and speeding (four counts).

On the evening of March 21, 2005, several police detectives were surveilling a particular residence in the City of Schenectady, Schenectady County preparing to execute a search warrant on it. The search warrant was based on very recent information that drugs could be found inside the upstairs apartment, that two men and one woman were also present inside and that both men were armed. One of the men was a known drug dealer and was also known to drive a particular vehicle.

Before the warrant could be executed, two men, a woman and her infant exited the apartment, got into the subject vehicle and drove away. At this time, one of the surveilling detectives directed another police officer in a marked unit to pull over the vehicle. When this officer attempted to do so, defendant, who was driving, initially slowed down and pulled over but then sped away and led police on a high speed chase. The chase came to end a short time later at which time defendant attempted to flee on foot, but he was soon apprehended. Thereafter, a loaded .45 caliber semiautomatic pistol with its hammer cocked was retrieved on the edge of the roadway over which the chase had taken place.

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People v. Davis, 45 A.D.3d 1039, 845 N.Y.S.2d 193 (N.Y. Ct. App. 2007).

45 A.D.3d 1039 (People v. Davis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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