People v. Smoot

—Appeal by the People from an order of the Supreme Court, Kings County (Moskowitz, J.) entered June 15, 1993 which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress certain physical evidence.

Ordered that the order is reversed, on the law, and that branch of the defendant’s omnibus motion which was to suppress certain physical evidence is denied, and the matter is remitted to the Supreme Court, Kings County for further proceedings consistent herewith.

The defendant and a second individual were approached by two police officers. One officer told the…