People v. Nicholas

Lahtinen, J.P.

Appeal from an order of the County Court of Schenectady County (Drago, J.), entered March 15, 2013, which, among other things, granted defendant’s motion to suppress.

During the afternoon on April 9, 2012, police stopped a car in the City of Schenectady, Schenectady County, based on information that there was an active arrest warrant for the driver. Defendant, a rear seat passenger, was observed by police with his hand in the open zipper of his pants. When he failed to adhere to police directives to keep his hands in view, defendant was removed from the car, placed face down in…