Opinion
No. 2007-05803.
March 25, 2008.
Appeal by the People from an order of the Supreme Court, Queens County (Grosso, J.), dated October 11, 2006, which, after a hearing, granted that branch of the defendant's omnibus motion which was to suppress physical evidence.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Edward D. Saslaw of counsel), for appellant.
Timothy J. Murray, New York, N.Y., for respondent.
Before: Miller, J.P., Covello, Eng and Chambers, JJ.
Ordered that the order is affirmed.
Contrary to the People's contentions, the hearing court properly suppressed the pre-recorded "buy" money that was found in the defendant's pocket after the vehicle he was driving was stopped and detained during a so-called "buy and bust" operation ( see CPL 140.50, [3]; People v De Bour, 40 NY2d 210, 223; People v Martin, 32 NY2d 123; People v Berrios, 28 NY2d 361, 367-368).