People v. Kinsella

— Judgment reversed on the law and facts, defendant’s motion to suppress granted and indictment dismissed. Memorandum: Defendant appeals from a judgment convicting him of criminal possession of a weapon in the third degree. He contends that the court erred in denying his motion to suppress because the knife was seized from him as a result of an unlawful search.

At the suppression hearing, Lieutenant Frey, a member of the Rochester Police Department, testified that at approximately 1:30 a.m. on October 2, 1985 he received a dispatch that a grey cassette case had been stolen from a vehicle *910nearby…