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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46375 Justice Globerman DEFENDANT SOUGHT suppression of drugs. A police detective participating in a “buy and bust” operation at an apartment building observed defendant exit a vehicle, enter the building and exit the building. The detective inquired whether defendant had identification and told him that the building had many drug sales involving people with weapons. As defendant reached into a jacket pocket holding papers, the detective observed a clear plastic bag containing drugs. A search of defendant after arrest revealed additional drugs. The court granted suppression, finding that the initial questions of defendant, a level one encounter under People v. De Bour, were not supported by a founded suspicion of criminality. Noting that a person’s presence in a building located in a drug-prone area is not a crime, the court further noted that the detective observed no conduct by defendant to suggest that his entry into the building was unlawful.

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