People v. Wilkerson

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, defendant’s conviction vacated, the motion to suppress granted and the indictment dismissed.

Defendant has been convicted of attempted criminal possession of a weapon in the third degree as the result of the discovery of a weapon in the waistband of his trousers.

While patrolling Aqueduct Park in The Bronx in plain clothes and in an unmarked car, Police Officers Vigliotti and Vallone saw two men standing about a hundred feet away pass an object between them. As the car approached, the men fled and the police…