People v. Perez

Appeal by the People from an order of the Supreme Court, Queens County (Balbach, J.), dated May 16, 1985, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the order is reversed, on the law, the branch of the defendant’s omnibus motion which was to suppress physical evidence is denied, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.

Criminal Term granted that branch of the defendant’s omnibus motion which was to suppress a gun on the ground that the stop of the defendant’s…