People v. Bailey

Appeal from a judgment of the County Court of Albany County (Keegan, J.), rendered March 4, 1991, upon a verdict convicting defendant of the crimes of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree.

The issue here is whether the conduct of defendant provided the police with a founded suspicion that criminality was afoot, thus justifying the common-law inquiry undertaken by them. We think not and reverse.

On September 20, 1989, at approximately 8:30 in the evening, defendant, carrying a black bag, alighted…