People v. McIntosh

OPINION OF THE COURT

Graffeo, J.

This appeal requires us to consider the admissibility of evidence seized as the result of an encounter between defendant and the police on a commercial passenger bus during a stopover in Albany, New York. Based on the particular facts and *524circumstances of this case, we reverse the order of the Appellate Division which upheld defendant’s conviction.

According to findings of fact made by County Court, and undisturbed by the Appellate Division, at approximately 3:30 a.m. on January 23, 1997, an investigator from the Albany County Sheriffs Department boarded a bus…