People v. Peters and Stevenson

James Joseph Galleshaw III

Case Conclusion Date:September 11, 2009

Practice Area:Criminal Defense

Outcome:Drugs, Gun and Confession Suppressed

Description:The Defendants were indicted for Criminal Possession of a Weapon and Unlawful Possession of Marijuana. The case was ultimately dismissed after Mr. Galleshaw successfully argued, after hearings were conducted, for suppression of a recovered loaded .45 caliber handgun, a quantity of marijuana, and both oral and written confessions. In it's written decision published on the cover of the New York Law Journal, the Court noted that while being cross-examined by Mr. Galleshaw, the arresting officer denied telling the District Attorney on the night of the arrest that he had recovered the gun and marijuana after he had arrested the defendant. Thereafter, Mr. Galleshaw introduced the District Attorney's Case Summary Report into evidence. This report, prepared by the Assistant District Attorney the night of the arrest, stated what the arresting officer had just denied. The officer then denied telling the Assistant District Attorney that he observed defendant Stevenson place a loaded firearm into the rear seat of a vehicle. Mr. Galleshaw then admitted the Police Arrest Report into evidence. It too, stated what the arresting officer had just denied. The Court ruled that the defendants were illegally seized by the police and as such, all physical evidence, including the loaded gun, marijuana and confessions,were fruit of the illegal seizure and thus, not admissible into evidence by the District Attorney. Without evidence to proceed, the District Attorney was forced to dismiss the case.