People v. Martinez

— Appeal by the defendant from a judgment of the County Court, Westchester County (Nicolai, J.), rendered April 9, 1990, convicting him of criminal possession of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the judgment is affirmed and the matter is remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).

On April 7, 1989, at about 10:50 p.m.,…