Opinion
February 9, 1987
Appeal from the Supreme Court, Westchester County (Delaney, J.).
Ordered that the order is affirmed.
The hearing court correctly determined that the order directing the defendant Burks back into his car was a seizure not based upon a reasonable suspicion and was therefore improper (see, People v. Harrison, 57 N.Y.2d 470). Further, as it is clear from the facts in the record that all of the defendants were effectively seized at that point, the court properly granted those branches of their motions which were to suppress evidence. Mollen, P.J., Thompson, Brown and Niehoff, JJ., concur.