People v. Scott

Order, Supreme Court, New York County (Charles Tejada, J.), entered on or about December 10, 1998, which granted defendant’s motion to suppress physical evidence and dismissed certain counts of the indictment, unanimously reversed, on the law, the motion denied, those counts of the indictment reinstated, and the matter remanded for further proceedings.

Defendant was apprehended by two police officers on patrol in the lobby of a building in the St. Nicholas Housing Project while he was in the act of smoking marihuana. As one of the officers made inquiries of defendant, he noticed that defendant…