People v. Humpleby

*193OPINION OF THE COURT

David S. Gideon, J.

Upon the omnibus motion and supporting affidavit of Gary M. Sommer, Esq., counsel for defendant herein, filed with this court on October 29, 2004, seeking, inter alia, dismissal pursuant to CPL 170.30 (1) (f), charging that the stop of the defendant’s vehicle was illegal and that all evidence thereby obtained should be suppressed as “fruit of the poisonous tree”; and upon the responding affidavit of Assistant District Attorney, Gaetano D. Fico, Esq. on behalf of the People of the State of New York, filed with this court on November 17, 2004, in…