People v. Allen

Memorandum: Defendant pleaded guilty to attempted criminal possession of a weapon in the third degree following denial of his motion to suppress a gun seized from his parked car. Defendant contends on appeal that the motion should have been granted because the arresting officer possessed neither reasonable suspicion to approach the car nor probable cause to seize the gun. We agree.

The arresting officer, the only witness to testify at the suppression hearing, stated that he first noticed defendant’s *1047car around 2:30 a.m., parked on a city street approximately 30 feet from the area in which the…