People v. Barnes

— Order, Supreme Court, New York County (Alvin Schlesinger, J.), entered June 3, 1987, which granted defendant’s motion to suppress certain physical evidence and a statement, unanimously reversed on the law, the motion denied, and the case remanded to the Supreme Court for further proceedings.

Transit Police Officer James Polio was patrolling a northbound "A” subway train shortly before midnight on December 20, 1986. As the train neared the 125th Street station, Officer Polio noticed defendant sitting in the subway car holding, in his right hand, an abnormally wide hand-rolled cigarette with…