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People v. Suitte

Appellate Division of the Supreme Court of New York
455 N.Y.S.2d 675 (1982)


Facts

James Suitte (defendant) was arrested for unauthorized use of a vehicle in New York. During the incident, police officers found a loaded pistol in Suitte’s possession. The pistol was registered to Suitte in North Carolina, but not in New York. Suitte was charged in state trial court with criminal possession of a weapon in the third degree, which was a class D felony. Suitte pleaded guilty to the lesser charge of criminal possession of a weapon in the fourth degree, which was a class A misdemeanor. Prior to sentencing, the trial judge noted that Suitte had never before been convicted of a crime, had carried the pistol for protection because he operated his tailor shop in a high-crime area, and was an otherwise upstanding citizen. The trial judge sentenced Suitte to 30 days’ imprisonment and three years of probation. Suitte appealed.

Rule of Law

Issue

Holding and Reasoning (Lazer, J.)

Dissent (O’Connor, J.)

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