People v. Flavius

Appeal by the People from an order of the County Court, Orange County (DeRosa, J.), dated July 17, 2014, which granted that branch of the defendant’s omnibus motion which was to suppress physical evidence and his statements to law enforcement officials.

Ordered that the order is affirmed.

Contrary to the People’s contention, the frisk of the defendant by a police officer was not justified, as there was no circumstance to support a reasonable suspicion that the officer was in danger of physical injury (see CPL 140.50 [3]; People v Holmes, 81 NY2d 1056, 1058 [1993]; People v Martinez, 191 AD2d…