PEOPLE v. HESTON


152 A.D.2d 999 (1989)

The People of the State of New York, Appellant, v. Russell J. Heston, Respondent, and Steven Trevor, Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1989


Order unanimously reversed on the law, motion denied, and indictment reinstated.

Memorandum:

The court erred in granting defendant's motion to suppress tangible evidence (marihuana, cocaine and a billy club) on the ground that it was the product of an illegal stop and seizure of defendant and his passenger. The suppression court erroneously treated the officer's approach of defendant's vehicle as a "stop" that had to be supported by reasonable suspicion. The...

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