The People, etc., appellant, v. Kevin Johnson, respondent. (2010)

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

The People, etc., appellant, v. Kevin Johnson, respondent.

2009-10413 (Ind.No. 133 /09)

Decided: October 26, 2010

PETER B. SKELOS, J.P. THOMAS A. DICKERSON RANDALL T. ENG PLUMMER E. LOTT, JJ.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Edward D. Saslaw of counsel), for appellant. Leslie S. Nizin, New York, N.Y. (Joseph Murray of counsel), for respondent.

Argued-October 18, 2010

DECISION & ORDER

Appeal by the People from an order of the Supreme Court, Queens County (Kohm, J.), dated September 4, 2009, which, after a hearing, granted that branch of the defendant's omnibus motion which was to suppress physical evidence.

ORDERED that the order is affirmed.

The Supreme Court properly held that, under the circumstances, the police lacked reasonable suspicion to stop and detain the defendant (see generally People v. De Bour, 40 N.Y.2d 210, 223). Accordingly, since the seizure of the defendant was unlawful, the Supreme Court properly granted that branch of the defendant's omnibus motion which was to suppress the fruits of the subsequent search (see People v. Morrison, 161 A.D.2d 608, 609).

SKELOS, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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