New York Criminal Attorney Blog
New York criminal defense firm Tilem & Campbell won a dismissal earlier today in another Bronx gun case. The case, started with the arrest of the client in December 2009 after a dispute with her roommate. The roommate notified the landlord, an off duty NYPD detective that her roommate had a pistol in her dresser drawer. The landlord entered the apartment without a search warrant and recovered a loaded firearm. The landlord then called the police and had the client arrested. The client was charged with Criminal Possession of a Weapon in the Fourth Degree and Possession of ammunition under the administrative code of the City of New York.
Tilem & Campbell, senior associate Jean Melino filed a motion to suppress the gun and ammunition because of the warrant-less entry and search into the client’s bedroom by the off duty police officer/landlord. The Bronx County District Attorney’s Office initially attempted to oppose our motion on the grounds that the off-duty police officer/landlord was not acting in his capacity as a police officer but rather as a landlord and that therefore he did not need to obtain a warrant. The Bronx District Attorney’s Office cited both Federal cases and a case from the State of Nebraska to establish their position even though plenty of New York cases establish that an off-duty police officer is always acting in his official capacity. The Court granted a hearing on the issue.
After the Bronx District Attorney’s Office was not ready to proceed on several dates that the Court had set for the hearing, The District Attorney’s Office finally moved to dismiss the case rather than proceed with the hearing that they were sure to lose. The Court records in the matter were sealed.
The case was jointly handled by Jean Melino and Senior Partner Peter H. Tilem. This case represents the latest in a long line of successes on New York gun cases handled by Tilem & Campbell.
If you or a loved one has been charged in New York with any firearms or weapons related charges, contact the law firm of Tilem & Campbell for a free consultation or visit us on the web at handgunattorney.com.