People v. Castrechino

Judgment unanimously reversed, on the law and facts, defendant’s motion to suppress granted, and indictment dismissed. Memorandum: Defendant, *774convicted of criminal possession of a weapon, third degree, appeals from the court’s holding after a hearing on remittal (see, People v Castrechino, 105 AD2d 1089) that the search of the car in which he was a passenger was proper and that therefore the weapon found in the trunk was admissible against him. We reverse. The hearing record reveals no showing of probable cause to arrest. While the arresting officer testified that he was provided with a…