Ordered that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress physical evidence is granted, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
Since the defendant's behavior was susceptible to an innocent interpretation and his arrest was based on no more than a suspicion that the cigarette...
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