KINGSTON – The Appellate Division, Third Department of State Supreme Court has affirmed the January 20, 2017 conviction of a man who was found in possession of a handgun and ammunition in violation to his parole on a previous conviction.
Kingston Police had stopped a car in the early morning hours of February 23, 2016 after it was determined the registration was suspended. It was learned the driver also did not have a valid license.
The police officer asked the passenger, Francis Carey, for his identification and a computer check revealed he was on parole. He later volunteered he was on parole for “sales.”
During the conversation, the officer detected an odor of alcohol although Carey denied consuming any. The officer then conducted a pat frisk believing Carey had violated the alcohol and curfew conditions of his parole. That’s when he found ammunition and the gun in Carey’s possession.
At trial, Ulster County Court Judge Donald Williams sentenced Carey to up to 10 years in state prison plus five years of post-release supervision.
On appeal, Carey argued that the pat frisk was unreasonable because the police did not have a reasonable suspicious that he was armed or posed a threat to the officer’s safety. The Appellate Division disagreed and affirmed Carey’s conviction.
