People v. Celaj

Nardelli, J.P., and Ellerin, J.,

dissent in a memorandum by Ellerin, J., as follows: Shortly after noon on April 21, 1995, police officers responded to a radio report that two white men driving a red Buick Skylark were engaged in a “dispute with firearms” in front of 754 Mace Avenue in the Bronx. One of the men was reported to be in his 60s and the other in his 30s. The officers’ testimony at the suppression hearing established that when they arrived there was no red Buick Skylark on the scene. Defendant was standing in front of the specified address. The arresting officer, Christopher…