People v. Ballard

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered June 25, 1998, convicting him of burglary in the second degree and unlawful possession of an air pistol or rifle, 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 reversed, on the law, that branch of the defendant’s omnibus motion which was to suppress physical evidence is granted, that count of the indictment charging…