Conviction Reversed and New Trial Ordered in Weapon Possession Case

On March 19, 2019, the Appellate Division, First Department, held that the trial court erred in finding that our client, S.H., had no standing to move for the suppression of the weapon for which he was charged with possession simply because it was recovered from the ground.  The Court further held that the trial court erred when it precluded defense counsel from cross-examining a police officer with respect to a settled federal civil case against him for false arrest.  The Court therefore remanded S.H.’s case for a new determination of the suppression issue and for a new trial.