People State New York v. Raymond Whetstone

[47 A.D.2d 995 Page 995] contd Judgment unanimously reversed, motion to suppress granted, and indictment dismissed. Memorandum: Defendant's conviction for possession of a dangerous drug in the fourth degree is based upon an indictment charging him with possession of 9.79 grams of cannabis. He contends that the search and seizure by the police without a warrant violated his constitutional rights. (U.S. Const., 4th Amdt.; N.Y. Const., art. I, § 12). The circumstances under which he was arrested convince us that his claim is sound, that the search and seizure were illegal and unreasonable and that this motion to suppress should have been granted. The police officers who arrested defendant testified that they were cruising in a patrol [47 A.D.2d 995 Page 996]