We conclude that the motion to suppress should have been granted. Only one witness, Police Officer Michael Quinn, testified at the hearing on the motion. The following facts are based on his testimony. On March 24, 1989, around 8:35 P.M., Officer Quinn was in uniform on foot patrol on 42nd Street in Manhattan between 7th and 8th Avenues. As he passed a store, the police officer observed the defendant inside examining gun holsters. He called for backup assistance. Two other...
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