People v. Irizarry

I dissent *380for the reasons which caused me to disagree with the majority opinion in Matter of Antoine W. (162 AD2d 121 [1st Dept 1990]). Moreover, the appeal should be held in abeyance and the case remanded for a determination as to whether Rosario material was turned over to the defense.

There was an articulable reason sufficient to justify the police officer’s approach and inquiry of the defendant. (People v De Bour, 40 NY2d 210, 213 [1976].) There also was sufficient evidence of a voluntary consent to the search of the bag in which cocaine was found. (People v Gonzalez, 39 NY2d 122 [1976].)

On…