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People v. Gonzalez

212 A.D.2d 410 Court N.Y. App. Div. Decision date 1995-02-14 English

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p. 410
(February 14, 1995)
The People of the State of New York, Appellant, v John Gonzalez, Respondent. The People of the State of
p. 411
New York, Appellant, v Wilson Antigua, Respondent. The People of the State of New York, Appellant, v Julian Duran, Respondent.
[622 NYS2d 685]

—Order, Supreme Court, Bronx County (John Stackhouse, J.), entered May 7, 1993, which granted defendants’ motions to suppress a gun and a joint post-arrest statement, unanimously affirmed.

The hearing court properly suppressed the gun since the officer’s hearing a metallic thud inside the car did not establish a reasonable suspicion to believe a gun was present inside the car (see, Matter of Gregory M., 82 NY2d 588 , 591). Furthermore, since the defendants were being held at gunpoint by another officer, the flashlight search of the car could not be justified as a reasonable safety measure (see, People v Torres, 74 NY2d 224 ).

The hearing court properly suppressed the statement since the People failed to establish a knowing waiver of Miranda rights where one of the defendants translated the Miranda rights for the other Spanish-speaking defendants (see, People v Romero, 78 NY2d 355 ). Concur—Murphy, P. J., Rosenberger, Williams and Tom, JJ.

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