People v. Canady

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered January 9, 1998, convicting him of criminal possession of a weapon in the third degree, *632upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of the branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is reversed, on the law and the facts, that branch of the defendant’s omnibus motion which was to suppress physical evidence is granted, the indictment is dismissed, and the matter is…