People v. Malave

Appeal by the People from an order of the Supreme Court, Queens County (Kron, J.), dated April 25, 2011, which, after a hearing, granted the defendant’s motion to suppress physical evidence and his statement to law enforcement officials.

Ordered that the order is affirmed.

The hearing court properly granted the defendant’s motion to *652suppress physical evidence and his statement to law enforcement officials. Following a one-car accident, while the defendant was semi-conscious on an ambulance stretcher, a police officer searched the pockets of the defendant’s jacket, allegedly looking for the…