People v. Alburquerque

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered November 27, 1995, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Lisa, J.), of that branch of the defendant’s omnibus motion which was to suppress a weapon.

Ordered that the judgment is reversed, on the law, that branch of the defendant’s omnibus motion which was to suppress a weapon is granted, the indictment is dismissed, and the matter is remitted to the Supreme…