People v. Bating

Judgment, Supreme Court, New York County, rendered December 21, 1973, convicting defendant upon his plea of guilty, of attempted possession of a dangerous drug in the fourth degree, reversed on the law; the order of the Supreme Court entered September 25, 1973, denying defendant’s motion to suppress certain physical evidence, unanimously reversed, on the law, the motion granted and the indictment dismissed. At the suppression hearing Patrolman Holmes testified that while he was in a patrol car with several other officers, he saw the defendant walking on Park Avenue in the vicinity of 120th…