People v. Brown

—Order, Supreme Court, Bronx County (William Donnino, J.), entered December 20, 1994, which granted defendant’s motion to suppress physical evidence and a statement, unanimously affirmed.

The hearing court’s findings that defendant did not match the broadcast description of a man with a gun closely enough to have justified the stop and frisk that led to recovery of the gun sought to be suppressed and that the officers’ testimony that defendant reached into his coat pocket was incredible and, in any event, descriptive of only innocuous conduct that could not have given rise to reasonable…