PEOPLE v. McELHANEY


146 Misc.2d 748 (1990)

The People of the State of New York, Plaintiff, v. Kesia Lynn McElhaney, Defendant.

Supreme Court, Bronx County.

February 21, 1990


Attorney(s) appearing for the Case

Robert M. Baum and Dorchen Leidholdt for defendant. Robert T. Johnson, District Attorney (Thomas Kyzivat of counsel), for plaintiff.


GERALD SHEINDLIN, J.

The defendant was charged with criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]) and moved to suppress a gun recovered from her pocketbook. A Mapp hearing was conducted on January 26, 1990. The issue presented in this case is whether a computer-generated police alarm of a stolen car, which is incorrect because of police failure to cancel the alarm, can establish probable cause to support the...

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