THE PEOPLE &C., APPELLANT, v. ROBERTO IRIZARRY, RESPONDENT.

    79 N.Y.2d 890, 590 N.E.2d 234, 581 N.Y.S.2d 649 (1992).
    February 20, 1992

   1 No. 5
   Decided February 20, 1992
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   This memorandum is uncorrected and subject to revision before
   publication in the New York Reports.

   Leonard I. Picker, for Appellant.
   Susan H. Salomon, for Respondent.

   MEMORANDUM:

   The order of the Appellate Division should be affirmed.

   The police officer's observations of the defendant in this case
   provided him with an "objective, credible reason" to approach the
   defendant and ask him questions about his destina- tion and identity
   (see, People v Hollman, ___ NY2d ___ (decided today); People v DeBour,
   40 NY2d 215, 223). The police officer's request to search the
   defendant's bag was improper, however, because it was not based on a
   "founded suspicion that criminal activity (was) afoot" (People v
   Hollman, supra, at ___; People v DeBour, supra, at 223). Because the
   defendant's consent was a product of the improper police inquiry, the
   Appellate Division erred when it found that the defendant had
   consented to the search of his bag (see, People v Hollman, supra, at
   ___).

   * * * * * * * * * * * * * * * * *

   Order affirmed in a memorandum. Chief Judge Wachtler and Judges
   Simons, Kaye, Titone, Hancock and Bellacosa concur. Judge Alexander
   took no part.