People v. Hernandez

—Judgment, Supreme Court, New York County (Edward Sheridan, J.), rendered November 19, 1993, convicting defendant after a jury trial, of assault in the first degree and criminal possession of a weapon in the third degree, and sentencing him as a second felony offender to concurrent indeterminate terms of imprisonment of 6 to 12 years and 3x/2 to 7 years, respectively, reversed, on the law, and the matter remanded for a new trial.

The motion court erred in failing to suppress the revolver recovered from defendant’s car, since the police conduct amounted to a search and seizure without probable…