People v. Gavin

Appeal by defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered November 15, 1984, convicting him of criminal possession of a controlled substance in the fourth degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial of the branch of defendant’s omnibus motion which sought suppression of physical evidence.

Judgment affirmed, and case remitted to the Supreme *619Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

The police officers were justified in stopping the car driven by defendant in an erratic…