People v. Whyte

—Appeal by the People from an order of the Supreme Court, Queens County, dated January 16, 1978, which, after a hearing, granted defendant’s motion to suppress as evidence a gun allegedly seized from his person and certain statements allegedly made by him. Order modified, on the law and facts, by adding thereto, immediately after the word "granted”, the following: "except that the motion is denied as to the gun and defendant’s first, volunteered statement (denying ownership of the weapon)”. As so modified, order affirmed. While at the scene of a fire during the early morning hours of December…