People v. Miller

Order, Supreme Court, New York County (Richard Andrias, J.), entered June 7, 1993, which granted defendant’s motion to suppress physical evidence and statements, unanimously affirmed.

We agree with the suppression court that the arresting officer’s observation of defendant at the bus terminal did not give rise to a founded suspicion that the bag defendant had placed in front of the luggage compartment of the bus he was boarding contained drugs or other contraband, that the officer’s subsequent questioning of defendant after the officer had returned with defendant’s bag was not informational…