Opinion
June 20, 1995
Appeal from the Supreme Court, New York County (James Leff, J.).
The People concede and we agree that defendant's motion to suppress should have been granted. A radio message of anonymous origin, consisting only of "shots fired * * * four male Hispanics" at a particular location, justified no more than a common-law inquiry ( see, People v. Benjamin, 51 N.Y.2d 267, 270), and certainly did not permit a search of the vehicle occupied by defendant and three other men, especially after the four men had been forcibly removed and separated from the car and frisked without results ( People v. Torres, 74 N.Y.2d 224).
Concur — Kupferman, J.P., Ross, Asch, Nardelli and Tom, JJ.