People v. Davis

—Order of the Supreme Court, New York County (Charles J. Tejada, J.), entered July 8, 1992, which granted defendant’s motion to suppress physical evidence and statements after a combined Mapp/Huntley hearing, unanimously reversed, on the law, and the indictment reinstated.

Defendant had been charged with criminal sale and criminal possession of a controlled substance in the third degree. On appeal, the People argue that on the facts presented, the police had probable cause to arrest defendant and, accordingly, that despite the lack of a formal arrest, they had the authority to frisk him.

The…