Opinion
April 19, 1988
Appeal from the Supreme Court, New York County, Harold Rothwax, J., Howard E. Bell, J.
On the prior submission of this matter, we reversed the order which denied without a hearing defendant's motion to suppress physical evidence. We remanded for a hearing on the issue of the legality of the police stop of the vehicle in which defendant was a passenger, holding the appeal in abeyance (People v Patterson, 129 A.D.2d 527). After remand and hearing, Criminal Term (Howard E. Bell, J.), found that the police action was not based on reasonable suspicion and granted the motion to suppress the physical evidence seized. The People do not contest the conclusions reached by the hearing court and do not oppose a reversal by us of the judgment of conviction and a dismissal of the indictment.
Concur — Sullivan, J.P., Asch, Milonas, Kassal and Ellerin, JJ.