In an usual use of a concurring opinion, two appeals court justices in Upstate New York have upheld a suppression motion denial in a handgun case, but wrote their concurrence, they said, to explain that racial bias may have motivated a police officer’s original investigating actions and to “emphasize that any such motivation will not be countenanced” in the criminal justice system.
Appellate Division, Third Department Justices Michael Lynch and Sharon Aarons joined a majority panel in affirming defendant Monte Price’s weapon-possession conviction and the trial court’s related handgun-evidence suppression motion denial. But they spend most of their lengthy opinion dissecting the actions of a police officer in Elmira, who followed Price’s car without his patrol car’s lights flashing, before arresting Price, after Price’s car had rolled through a stop sign in January 2016.
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