People v. Forrest

Judgment, Supreme Court, New York County (Herbert Adlerberg, J.H.O., at hearing; John Cataldo, J., at plea; Thomas Farber, J., at sentence), rendered August 25, 2009, convicting defendant of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of seven years, unanimously reversed, on the law and the facts, defendant’s suppression motion granted, and the indictment dismissed.

It is well settled that a frisk is permissible only if the police possess a particularized reasonable suspicion that the suspect *512“is armed and may be…