People v. Franco

—Appeal by the defendant from (1) a judgment of the Supreme Court, Richmond County (Kuffner, J.), rendered December 13, 1989, convicting him of burglary in the second degree, grand larceny in the third degree, and possession of burglar’s tools, upon a jury verdict, and imposing sentence, and (2) by permission, from an order of the same court dated May 31, 1991, which denied his motion to vacate the judgment pursuant to CPL 440.10. The appeal from the judgment brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical…