People v. Cruz

OPINION OF THE COURT

Memorandum.

Ordered that the appeal from the order dated August 30, 2010 is dismissed, as that order was superseded by the order dated February 7, 2011; and it is further, ordered that the order dated February 7, 2011, insofar as appealed from, is affirmed.

Defendant, who was charged with two counts of criminal possession of a weapon in the fourth degree (Penal Law § 265.01), one count of unlawful possession of marihuana (Penal Law § 221.05), and driving a motor vehicle with an inoperable stop lamp (Vehicle and Traffic Law § 375 [40]), moved to suppress the physical evidence…