People v. Correa

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 10, 1976, convicting him of attempted criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial of defendant’s motion to suppress physical evidence. Judgment reversed, on the law, motion granted and indictment dismissed. In the absence of proof at the suppression hearing that the arresting officer had probable cause to search or arrest the defendant, or, at least, reasonable suspicion upon which to predicate his detention…