People v. Malloy

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Grosso, J.), rendered March 25, 2002, convicting him of grand larceny in the fourth degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, without a hearing, of the defendant’s motion to controvert a search warrant and to suppress certain physical evidence seized pursuant thereto.

Ordered that the judgment is reversed, on the law, the defendant’s plea of guilty and sentence are vacated, the *680defendant’s motion to controvert the search warrant and to suppress certain physical…