People v Tomay
2008 NY Slip Op 02874 [49 AD3d 907]
March 25, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


The People of the State of New York, Appellant,
v
Ruben Tomay, Respondent.

—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Edward D. Saslaw of counsel), for appellant.

Timothy J. Murray, New York, N.Y., for respondent.

Appeal by the People from an order of the Supreme Court, Queens County (Grosso, J.), dated October 11, 2006, which, after a hearing, granted that branch of the defendant's omnibus motion which was to suppress physical evidence.

Ordered that the order is affirmed.

Contrary to the People's contentions, the hearing court properly suppressed the pre-recorded "buy" money that was found in the defendant's pocket after the vehicle he was driving was stopped and detained during a so-called "buy and bust" operation (see CPL 140.50 [1], [3]; People v De Bour, 40 NY2d 210, 223 [1976]; People v Martin, 32 NY2d 123 [1973]; People v Berrios, 28 NY2d 361, 367-368 [1971]). Miller, J.P., Covello, Eng and Chambers, JJ., concur.