People v. Cabrera
Opinion of the Court
Judgment, Supreme Court, New York County (James Leff, J.), rendered December 11, 1991, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree,
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 NY2d 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 NY2d 224). Concur—Kupferman, J. P., Ross, Asch, Nardelli and Tom, JJ.
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