As part of an omnibus motion, defendant moved to suppress physical evidence pursuant to CPL 710.60. The motion was predicated upon the affirmation of defense counsel. The defense counsel stated that, upon information and belief, defendant was seized by the police as he was walking down the street. The defense counsel stated that his client was unlawfully arrested before the gun was seized. The Assistant District Attorney (ADA) submitted an affirmation in response to the omnibus...
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