(Download) "Burton D. Casler v. State New York" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Burton D. Casler v. State New York
- Author : Supreme Court of New York
- Release Date : January 12, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
[33 A.D.2d 305 Page 306] Upon being stopped by a police officer on a speeding charge at about 1:00 o'clock p.m. on May 25, 1967 in the Town of New
Hartford, New York, claimant showed his automobile registration and driver's license. The officer had learned by radio that
morning that a robbery of a loan association in the Syracuse area had occurred, but he had no information concerning the robbers.
On stopping claimant the officer observed that he appeared to be nervous. The officer saw a box on the rear seat and one on
the front seat of claimant's automobile and asked their contents. Claimant told him that they contained old coins, and he
showed them to the officer. The latter asked to look into the automobile trunk, and did so, finding nothing but a tool box.
He then looked into the glove compartment and saw a black box. Claimant testified that the officer opened the glove compartment,
but the officer said that claimant left it open on getting out his registration certificate. The officer asked claimant what
the black box contained, and he replied that it was a revolver which he bought in Kentucky. The officer opened the box and
took out the gun and the bill of sale therewith, and he asked claimant if he had a permit for it. Claimant did not. The officer
told him he was violating section 1897 of the Penal Law, kept the gun and searched the automobile. He found no ammunition
for the gun, and nothing else of consequence. The officer had claimant follow him to the police station where he was placed
in a room alone for one-half hour, and then the officer appeared and advised claimant that he was under arrest for illegal
possession of a deadly weapon. He was fingerprinted and photographed. The officer then took claimant to the home of a Justice
of the Peace and charged him first with the offense of speeding, in violation of subdivision (d) of section 1180 of the Vehicle
and Traffic Law. Claimant pled guilty, and a $15 fine was imposed but suspended. Claimant was then arraigned before the Justice
of the Peace on the charge of illegal possession of a dangerous weapon. Bail was [33 A.D.2d 305 Page 307]