People v. Miller

Judgment of the Supreme Court, New York County (Beatrice Shainswit, J.), rendered May 23, 1984, which convicted defendant, upon his guilty plea, of criminal possession of a weapon in the third degree, is reversed, on the law and the facts, suppression granted and the indictment dismissed.

Defendant was indicted on a single charge of criminal possession of a weapon in the third degree, based upon the seizure of a loaded .38 caliber gun on his person. The sole issue on this appeal is the propriety of that search.

At 9:24 a.m. on August 5, 1983, the police received an anonymous telephone call from…