People v. Rivera

Order, Supreme Court, New York County (Marks, J.), entered October 25, 1985, which, after a hearing, granted the defendant’s motion to suppress a loaded weapon in a one-count indictment charging criminal possession of a weapon in the third degree, unanimously reversed, on the law, the motion denied and the matter remanded for further proceedings.

At approximately 12:30 a.m. on the morning of June 1, 1985, Officer Brian Linkletter was on radio patrol with his partner in a marked patrol car headed eastbound on 112th Street in the East Harlem section of Manhattan. While their car was stopped at…