An open container violation has led to weapon and drug charges for a Utica man.

A man whom police say was drinking and smoking outside a bar near Charlotte Street in Utica, New York at about 3:00 in the morning on Sunday, November 24, 2013 caught the attention of Utica Police, who stopped while on patrol to speak with the man.

While talking with the officers 32-year old Joshua Dermady admitted that the cup from which he was drinking contained alcohol and that he had been smoking marijuana.

The officers apparently were suspicious that there was more going on as Dermady allegedly kept his hand on his waist while talking with police.  In a written release the UPD says that the officers "asked him repeatedly to keep his hands away from his body, but he refused."  The officers then did a pat-down and reported finding a loaded .45 caliber handgun and cocaine on him.

Dermady, who lives on William Street, He was taken into custody and charged with an open container violation along with drug and weapon possession.