New York Criminal Attorney Blog
In a rare but powerful decision, a Brooklyn appellate court has reversed a conviction for Brooklyn gun case, vacated the defendant’s guilty plea, suppressed the gun that formed the heart of the prosecution’s case, and dismissed the indictment. The case sends a clear message: when the police can’t meet their burden to justify a stop and search, and when their account doesn’t withstand basic scrutiny, the evidence they recover may be unusable in court.
If you’ve been charged with a firearm offense in New York, especially following a street stop or chase, this case matters. This case demonstrates what we have often said, that a well-argued suppression motion and careful review of officer conduct can lead not just to a reduced sentence, but to complete dismissal of all charges.
The Arrest That Triggered the Case
The arrest happened in July 2021. Around 10 p.m., an NYPD officer in an unmarked vehicle claimed to see a group of three men walking down Sterling Place. According to his testimony, one man was adjusting his waistband. The officer exited the vehicle, confronted that man, and claimed he then saw the defendant—who was walking slightly behind—tighten his waistband, supposedly revealing the outline of a gun. The defendant ran. Officers chased him, tackled him, and found a gun beneath his clothing. Months later, he pled guilty and accepted a prison sentence.
Suppression Hearing Reveals Inconsistencies
At the suppression hearing, the officer’s story began to fall apart. Body camera footage contradicted key details of his version. It showed no clear interaction with the waistband before the stop. It did not show the defendant’s shirt revealing any firearm-shaped outline. Worse, the officer failed to activate his body camera in time to record audio of the initial stop and had made no mention of the group’s “initial target” in his memo book or prior reports. On the stand, his testimony appeared carefully adjusted to meet the legal standard for a valid stop. The court ultimately ruled that the testimony was not credible and that the search and seizure were unconstitutional.
New York Law Requires More Than Flight to Justify a Chase
Under New York law, police must have reasonable suspicion before they pursue or stop someone. Flight alone does not justify a chase. Officers need specific, articulable facts suggesting criminal activity. The court in this case reaffirmed that principle. The officer never described conduct by the defendant himself—only vague observations that were unsupported by video and contradicted by his own paperwork.
The appellate judges emphasized that testimony is not automatically believable just because it is given under oath. If the story is “manifestly untrue” or defies common sense, it may be rejected outright. That’s what happened here. The court called the claim that the officer saw an L-shaped object through the shirt of a man standing behind another man “incredible as a matter of law.”
Once a Search Is Found Illegal, the Evidence Must Be Suppressed
Once the court ruled that the stop and search were unconstitutional, the next step was clear. The firearm recovered from the defendant’s person had to be suppressed. Without the gun, there was no case left to prosecute. The conviction and plea were thrown out, and the indictment dismissed. The case was sent back to the trial court to formally seal the record.
Why Suppression Motions Are Crucial
This case never went to trial. It ended with a plea, as many do. But because the defense challenged the stop through a suppression motion, the truth came out. Even after a guilty plea, suppression issues can be reviewed and can lead to dismissal. Filing that motion early gives you leverage. It also protects your rights and gives your attorney a path to fight evidence that should never have been introduced in the first place.
You Don’t Have to Settle for a Bad Plea
This ruling should offer hope. If your case involves a questionable stop, inconsistent police testimony, or an arrest made without solid justification, you may be able to challenge the entire foundation of the prosecution’s case. You should not plead guilty before every piece of police conduct is put under a microscope.
Tilem & Associates knows how to take these challenges seriously. We file suppression motions early. We scrutinize every report, every video, and every word of testimony. If your rights were violated, we fight to have the evidence suppressed—and your case dismissed. Contact us at 877-377-8666 or through our secure online form. The police don’t get the final word. You do.