People v. Johnson

Lupiano, J. (dissenting).

The People appeal from so much of the order of the Supreme Court, New York County, entered April 30, 1980, as granting defendant’s motion to suppress a gun seized at the time of his arrest. At the suppression hearing, Officer Vitale, a policeman for 22 Vz years approximately, of which the last 8 Vz years have been served as a member of the Street Crime Unit assigned to the higher crime areas in the City of New York, testified that on the evening of February 1,1980, he was on duty with said unit in the Times Square area. Dressed in plainclothes, he was observing the…