People v. Del Vecchio

—Judgment unanimously reversed on the law, plea vacated, motion to suppress granted in part and matter remitted to Ontario County Court for further proceedings on the indictment in ac*928cordance with the following Memorandum: Defendant appeals from a judgment convicting her of criminal mischief in the fourth degree (Penal Law § 145.00 [1]) and other crimes entered upon a plea of guilty after her suppression motion was denied. Defendant was the passenger in a vehicle stopped by a Deputy Sheriff on North Main Street in Canandaigua on November 17, 1998 one-half hour after a reported larceny at the…