PEOPLE v. TAYLOR (2024)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law, the indictment against defendant is dismissed, and the matter is remitted to Erie County Court for proceedings pursuant to CPL 470.45.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). We previously concluded, with respect to defendant's suppression motion, that County Court “erroneously concluded that the patrol lieutenant engaged in only a level one intrusion when he directed defendant to step out of the vehicle” (People v. Taylor, 225 A.D.3d 1202, 1203, 207 N.Y.S.3d 778 [4th Dept. 2024]). We therefore held the case and remitted the matter to County Court to determine, based on the evidence presented at the suppression hearing, whether the patrol lieutenant had reasonable suspicion to direct defendant to exit his vehicle (id.). Upon remittal, the court concluded that the patrol lieutenant lacked reasonable suspicion and granted that part of defendant's omnibus motion seeking to suppress physical evidence. Because that determination results in the suppression of all evidence supporting the crime charged, the indictment against defendant must be dismissed (see People v. Stock, 57 A.D.3d 1424, 1425, 871 N.Y.S.2d 545 [4th Dept. 2008]).