Judge George Grasso
Cooper was charged with attempted criminal possession of a weapon. A Dunaway/Mapp hearing was held. On Nov. 25, 2013, the court denied Cooper’s motion to suppress physical evidence seized. Defense counsel filed and served a copy of the cover page of a memo book belonging to Officer Pizarro on Dec. 3, 2013. Pizarro’s testified the memo book, including information of Cooper’s arrest, was destroyed by Hurricane Sandy. Yet, as the book was discovered, and Pizarro presented contradictory explanations, the court found Pizarro was not worthy of belief. As such, it stated it would not allow an uncorroborated statement of a discredited officer, that he saw Cooper with a gun, to be used by another officer as a basis for police action. Officer Taylor testified he saw Cooper put his right hand outside his winter coat and it appeared he “possibly” was holding something near his waistband, providing the officer reasonable suspicion. The court disagreed finding the officers’ actions were not based on reasonable suspicion that Cooper committed or was committing a crime. Thus, as there was no lawful predicate to have pursued Cooper to stop and detain him, his pursuit and forcible seizure was impermissible, and suppression was granted.
