People v. Francia

*212OPINION OF THE COURT

Laura Safer-Espinoza, J.

The defendant, Carlo Francia, is charged in an information with criminal possession of stolen property in the fifth degree (Penal Law § 165.40) and possession of burglar’s tools (Penal Law § 140.35). By notice of motion dated March 4, 1992, the defendant has moved this court for dismissal of the information for facial insufficiency. Defendant also moves to suppress physical evidence seized from defendant on the ground that the evidence is the fruit of an unlawful search.

FACTS

The defendant was arrested along with a codefendant, Valentine Flores* on…