People v. Bishop

Appeal from an order of the Erie County Court (Michael E Pietruszka, J.), dated May 22, 2003. The order granted defendants’ motion to suppress a handgun.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed and the indictment is dismissed.

Memorandum: In this prosecution of defendants for criminal possession of a weapon in the third degree (Penal Law § 265.02 [4], [5] [ii]), the People appeal pursuant to CPL 450.20 (8) from an order suppressing the gun, which was seized from defendants’ vehicle, as the fruit of an illegal search and seizure. The…