Mario Soto was charged with criminal possession of a weapon in the third degree.
After an officer witnessed a guy handing a shiny package -- believed to contain drugs -- to a third person, Soto was stopped and searched, at which point a handgun was found. Soto later claimed the cop's conduct was unlawful because there wasn't an adequate legal basis to conduct the search.
After the New York County Supreme Court disregarded his objection and sentenced him to a term of 2 to 6 years, Soto appealed to the Appellate Division, First Department.
Since the arrest took place in a "notorious 'drug marketplace,'" and the officer's belief that he was witnessing a drug transaction was based on the latter's knowledge and experience, the AD1 concluded that the officer acted upon a "reasonable suspicion" and used a "legitimate self-protection measure" by searching Soto.
Was Soto disarmed by that appeal?
To view a copy of the Appellate Division's decision, please use this link: People v. Soto