People v. Alvarez

—Appeal by the People from an order of the Supreme Court, Queens County (Dunlop, J.), dated October 17, 2000, which, after a hearing, *443granted that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the order is affirmed.

Contrary to the People’s contention, the hearing court properly granted that branch of the defendant’s omnibus motion which was to suppress the narcotics which were recovered at the time of his arrest. The record reveals that the arresting officer was on patrol in a police van when he observed the defendant walking down the street…