People v. Stewart

Judgment unanimously reversed on the law, motion to suppress granted and indictment dismissed. Memorandum: Defendant contends that County Court erred in denying his motion to suppress the gun discovered in a car in which he was a passenger and his statements to the police. We agree.

At approximately 8:50 p.m. on January 3, 1992, the police received a dispatch that an armed robbery had occurred at Patsy’s Pizza and that the suspect was a black male wearing a green jacket. Shortly thereafter, investigating officers observed a white car in a parking lot two blocks from the robbery. The driver’s…