PEOPLE v. EAST (2008)

Supreme Court, Appellate Division, Fourth Department, New York.

The PEOPLE of the State of New York, Appellant, v. Ronald EAST, Jr., Defendant-Respondent.

Decided: June 06, 2008

PRESENT: MARTOCHE, J.P., SMITH, CENTRA, PERADOTTO, AND GREEN, JJ.

Frank J. Clark, District Attorney, Buffalo (Michael J. Hillery of Counsel), for Appellant. Lo Tempio & Brown, P.C., Buffalo (Rachel M. Kranitz of Counsel), for Defendant-Respondent.

The People appeal from an order insofar as it granted that part of defendant's omnibus motion seeking to suppress a weapon seized by the police from defendant's vehicle. We affirm for the reasons stated in the decision at County Court. We agree with the court that the People failed to establish that the police had the requisite reasonable suspicion to stop defendant's vehicle, and thus the weapon was properly suppressed as the fruit of the illegal stop of defendant's vehicle (see People v. Brooks, 266 A.D.2d 864, 697 N.Y.S.2d 804).

It is hereby ORDERED that the order so appealed from is unanimously affirmed and the indictment is dismissed.

MEMORANDUM:

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