People v. Carmona

I respectfully dissent and would affirm the IAS Court’s order granting suppression.

From a rooftop observation post, Police Officer Richard Regan observed "more than two or three” individuals approach defendant in front of 174 West 107th Street in Man*372hattan. On each occasion, defendant would receive currency from the individual and would subsequently walk approximately 12 to 15 feet away and retrieve a brown paper bag from the base of a lamppost. Defendant would then remove a small plastic bag from the paper bag and hand it over to the individual. Officer Regan radioed his backup officer, gave…