What does this legal ruling mean?
http://law.justia.com/cases/new-york/other-courts/2012/2012-ny-slip-op-51045-u.html
Excerpts from above go to link:
[*1] People v McLean 2012 NY Slip Op 51045(U) Decided on June 13, 2012 Supreme Court, Queens County Blumenfeld, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on June 13, 2012
Supreme Court, Queens County
The People of the State of New York
against
Leopold McLean, Defendant.
DECISION AND ORDER OF THE COURT
The defendant is charged with various offenses including attempted murder in the second degree, criminal use of a firearm in the first degree, assault in the first degree, reckless endangerment in the first and second degrees, falsifying business records in the first degree, tampering with physical evidence, official misconduct, obstructing governmental administration in the second degree and falsely reporting an incident in the third degree.
In an omnibus motion, the defendant moved, inter alia, for suppression of three firearms seized from his apartment on the grounds that his surrender of the firearms was under the threat of job forfeiture (and therefore not voluntary) and that there was no lawful basis for the property to be seized. The court (Camacho, J.) ordered a hearing to determine the suppression issues.
A Mapp-Wade-Dunaway [FN1] hearing was held on February 23, 2012. Detective Brian Brown, Sergeant Daniel Cutter, and Lieutenant Paul Smith testified. From their credible testimony, the court makes the following findings of facts and conclusions of law. [*2]
FINDINGS OF FACT
On November 14, 2010, the defendant, a member of the New York Police Department, allegedly shot the complainant. On that date, the complainant went to the home of his ex-girlfriend. At the home was the ex-girlfriend, the defendant and the complainant; words were exchanged. They all knew each other by name due to previous relationships. When the complainant saw that the defendant was reaching for his ankle, he thought the defendant was reaching for his gun. The complainant turned around and started to run towards the area of Sutphin Boulevard down 119th Street. The complainant alleges that he was shot from behind and in the back during his flight from the defendant.
The complainant called the police, gave his name and the name of the shooter, but refused to come to the police and go to the hospital for treatment out of fear that he would be arrested. He informed them where they could find his blood-soaked clothing that the complaint wore when he was shot. Internal Affairs retrieved these items.
The defendant who allegedly engaged in an off-duty shooting, had not reported the shooting although required to by the Patrol Guide.
Note from Suzannah: I reported to Internal Affairs that Mike Bloomberg's NYPD Intelligence Division Det. his private security do not follow NYPD protocol. I filmed Det. Lynch repeatedly refusing to identify himself violating NYPD protocol. His Sgt. called me and verified that the NYPD Intelligence Division has to obey NYPD protocol.