Opinion
February 14, 1995
Appeal from the Supreme Court, Bronx County (John Stackhouse, J.).
The hearing court properly suppressed the gun since the officer's hearing a metallic thud inside the car did not establish a reasonable suspicion to believe a gun was present inside the car (see, Matter of Gregory M., 82 N.Y.2d 588, 591). Furthermore, since the defendants were being held at gunpoint by another officer, the flashlight search of the car could not be justified as a reasonable safety measure (see, People v. Torres, 74 N.Y.2d 224).
The hearing court properly suppressed the statement since the People failed to establish a knowing waiver of Miranda rights where one of the defendants translated the Miranda rights for the other Spanish-speaking defendants (see, People v. Romero, 78 N.Y.2d 355).
Concur — Murphy, P.J., Rosenberger, Williams and Tom, JJ.