People v. Smith

—Appeal by the People from an order of the Supreme Court, Kings County (Heller, J.), dated November 14, 1988, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress physical evidence.

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

On October 31, 1987, at about 10:39 p.m., Police Officer Faraci observed a vehicle pass through a "steady” red traffic…