People v. Chann

—Order, Supreme Court, Bronx County (Frank Diaz, J.), entered on or about October 28, 1994, granting defendant’s suppression motion, unanimously affirmed, and the indictment is dismissed. The matter is remitted to the Supreme Court, Bronx County for the purpose of entering an order in favor of the accused pursuant to CPL 160.50.

Defendant’s motion to suppress was properly granted. During a traffic stop, defendant made a hand motion as if to place an object in the back seat. This did not provide sufficient basis to search the vehicle (People v McCready, 121 AD2d 897, appeal dismissed 69 NY2d…