People v. Porter

Summary

The Appellate Division, First Department unanimously affirmed Shayron Porter's judgment of conviction for attempted criminal possession of a weapon in the second degree. The court held that Porter validly waived his right to appeal, alternatively rejected his suppression claim on the merits, and concluded that the indictment was not jurisdictionally defective for omitting allegations concerning firearm operability and the statutory large-capacity ammunition-feeding-device proviso.

Holdings

1. Defendant made a valid waiver of his right to appeal, and the waiver foreclosed appellate review of his suppression claim.
2. The anonymous tip, together with the officer's corroboration of defendant's location and description and defendant's unusual conduct, provided reasonable suspicion that defendant was involved in a crime.
3. The indictment was not jurisdictionally defective for omitting an express allegation that the firearm was operable.
4. The indictment count charging possession of a large-capacity ammunition feeding device was not jurisdictionally defective for failing to allege the statutory proviso permitting possession under specified pre-January 15, 2013 circumstances.
5. Defendant's challenges to counts 2, 3, and 4 were moot because he was not convicted of those counts; alternatively, the nonjurisdictional claims were waived by his guilty plea.

Questions Presented

1. Whether defendant validly waived his right to appeal, thereby foreclosing review of his suppression claim.
2. Whether the officers had reasonable suspicion to justify the stop based on an anonymous radioed tip and defendant's subsequent conduct.
3. Whether the indictment was jurisdictionally defective for failing to allege that the firearm was operable.
4. Whether the indictment count charging possession of a large-capacity ammunition feeding device was jurisdictionally defective for failing to allege the statutory proviso concerning lawful prior possession.
5. Whether challenges to counts on which defendant was not convicted were moot and, alternatively, waived by his guilty plea.

Disposition

affirmed