People v. McRay

74 A.D.2d 522, 425 N.Y.S.2d 258, 1980 N.Y. App. Div. LEXIS 10122

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 19, 1980
• Status: Published

Opinion

Judgment of conviction after plea of guilty, Supreme Court, New York County, rendered June 2, 1978, reversed, on the law, the plea vacated, and the indictment dismissed. Except for a meaningless single added detail, i.e., purchase of a paper bag immediately prior to a transfer of glassine envelopes, the facts in this case are virturally identical to those found in People v Hester (71 AD2d 121, q.v.). Accordingly, the motion to suppress should have been granted. Concur—Murphy, P. J., Birns and Markewich, JJ. Bloom, J., concurs on constraint of People v Hester (71 AD2d 121).