People v. Cadle

Appeal by the People from an order of the Supreme Court, Kings County (J. Goldberg, J.), dated March 30, 2009, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the order is affirmed.

The defendant was observed by a police officer while walking down a street at night and holding his waistband, in what the police described as a high-crime area. According to that police officer, the defendant appeared to be “overly alerted” to his surroundings or “afraid of something.” The officer and two other officers, all in…