People v. Lewis

Eiber, J. P.,

dissents and votes to reverse the judgment appealed from, on the law and the facts, to grant that branch of the defendant’s omnibus motion which was to suppress the gun, and to dismiss the indictment, with the following memorandum: I disagree with my colleagues’ conclusion that the *562pat-down search of the defendant’s jacket, which was not preceded by even a minimal inquiry, was reasonable in this case.

At bar, the People’s sole witness at the suppression hearing was Officer Dennis Hannon, who indicated that he and his partner received an anonymous radio report of a "male shot” at…