People v. Avinger

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered October 24, 2013, convicting him of burglary in the third degree, criminal possession of stolen property in the third degree, possession of burglar’s tools, and criminal mischief in the fourth degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Paynter, J.), of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is reversed, on the law, the plea is vacated, that branch of…