People v. Gonzalez

Sullivan, J. (dissenting).

I would reverse the order granting suppression of physical evidence and defendant’s statements to the police, and remand the matter for trial. In a two-count indictment defendant had been charged with the crimes of criminal possession of a controlled substance in the fourth degree and criminally using drug paraphernalia in the second degree. The following account is from the testimony of the arresting officers, who were the only witnesses at the suppression hearing.

At approximately 12:10 a.m. on January 20, 1984, defendant was a passenger in a white LeMans which was…