People v. Collado

Appeal by the People from an order of the Supreme Court, Queens County (Rosenzweig, J.), dated July 2, 2002, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress physical evidence. Justice Florio has been substituted for the late Justice O’Brien (see 22 NYCRR 670.1 [c]).

Ordered that the order is reversed, on the law, that branch *837of 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.

The defendant was a passenger in a van which was…