People v. Melo

— Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered May 17, 1982, convicting him of attempted criminal possession of marihuana in the first degree, upon his plea of guilty, and imposing sentence. Judgment affirmed. This case is remitted to *755the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5). We agree with Criminal Term’s conclusion that the physical evidence recovered from defendant’s residence should not be suppressed. First, the evidence was not discovered through the exploitation of prior illegal police…