People v. Darby

Rosenberger, J. P.

(dissenting). The People appeal from an order granting defendant’s motion to suppress crack cocaine and phencyclidine (PCP) seized from his person. At the suppression hearing, Sergeant Timothy Breen testified that on the evening of October 23, 1997, he responded to anonymous *115complaints of drug dealing from an apartment building. He and his partner observed three people, at different times, stop in front of the building, speak to defendant, enter the building with him and exit a minute later. The officers entered the building and encountered defendant counting money on the…