People v. Martinez

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Harkavy, J.), rendered April 27, 1992, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Tomei, J.), of that branch of the defendant’s omnibus motion which was to suppress certain evidence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.

The defendant was arrested after he attempted to…