People v. Perry

Harwood, J.,

dissents and votes to reverse the judgments appealed from, on the law and the facts, to grant those branches of the defendant’s omnibus motion which were to suppress physical evidence and oral statements to the police, and to dismiss the indictments, with the following memorandum: I must dissent. The arresting officer conceded at the suppression hearing that until he reached into the defendant’s *383sweatshirt pouch and seized what proved to be approximately 20 pieces of jewelry wrapped in a handkerchief he had no information that any crime had been committed. Because the legality of…