It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: The People appeal from an order granting that part of defendant's omnibus motion to suppress physical evidence, i.e., a gun, and statements made to the police. At the suppression hearing, a police officer testified that he was traveling in a marked patrol vehicle when he saw defendant...
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