People v. Foster

I would reverse and grant the suppression motion.

Appellant was arrested as he walked out of the Empire State Building with a companion. Police Officer Davin testified that he grabbed appellant and his companion, put them against the wall, frisked and handcuffed them.

The information known by Officer Davin at the time of the arrest did not constitute probable cause and is therefore insufficient to justify this arrest (see, People v Batista, 68 AD2d 515, affd 51 NY2d 996). Shortly before noon on a weekday, Officer Davin had been told by an anonymous uniformed United Parcel Service (UPS) man that…