People v. Tomay

¶1Contrary 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.