People v. Heron

— Appeal by the People from an order of the Supreme Court, Kings County (De Lury, J.), dated August 1, 1990, which granted the defendant’s motion to suppress physical evidence.

Ordered that the order is reversed, on the law, the defen*657dant’s motion to suppress physical evidence is denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

The relevant facts adduced at the suppression hearing were that on October 8, 1989, at approximately 1:45 A.M., Police Officer Gary Napoli was on plainclothes patrol in a vehicle with Police Officers John…