DECISION ORDER
ORDERED that the judgment is reversed, on the law, those branches of the defendant's omnibus motion which were to suppress physical evidence and statements he made to law enforcement authorities are granted, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
Contrary to the conclusion of the hearing court, the stop of a vehicle in which the defendant was a passenger was not supported by a reasonable suspicion that its occupants had been engaged in, were presently engaged in, or were about to engage in criminal activity (see, Matter of Muhammad F., 94 N.Y.2d 136; People v. May, 81 N.Y.2d 725; People v. Benjamin, 51 N.Y.2d 267; People v. Oliver, 262 A.D.2d 335; see also, Florida v. J.L., 529 U.S. 266). Thus, the handgun seized as a result of the stop, which cannot be deemed to have been abandoned, and the defendant's statements should have been suppressed (see, People v. Ramirez-Portoreal, 88 N.Y.2d 99; People v. Williams, 154 A.D.2d 564). In light of our determination, we do not reach any other issues raised.