People v. Atwood

Judgment unanimously reversed, on the law and facts, motion to suppress granted, and indictment dismissed. Memorandum: Two police officers received a radio transmission indicating that there was “a man with a gun arguing with a man in a car at the corner of Northampton and Kehr” Streets in the City of Buffalo. The officers proceeded to the scene and discovered one parked car in the area, as well as several persons in the general vicinity of the car. The officers saw no one with a handgun. The officers went up to the car and immediately asked both the driver and the passenger, defendant, to…