GUY TRIED TO PREVENT POLICE FROM RETRIEVING CONTRABAND?
After he pleaded guilty to disorderly conduct, R.M. appealed to the Appellate Term, First Department, claiming that the underlying charge of “tampering with physical evidence” was jurisdictionally defective.
On its review of the record, the AT1 noted that the arresting officer observed RM holding a package that was believed to contain crack cocaine. And when the officer approached (and identified himself), R.M. is said to have placed his right hand to his mouth and thus supposedly prevented the retrieval of the item.
Those allegations were found to “`support[] the inference that when [defendant] put an unknown object into his mouth, he was aware that he was about to be arrested, and supports the additional inference that the object was contraband or evidence that defendant intended to prevent the police from discovering,’” even though the package in question wasn’t recovered.
Since every element of the charge had been established, the AT1 could discern no defect and left the conviction undisturbed.
Think R.M. should have been more closed-mouthed?
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DECISION