Order reversed, on the law and the facts, defendant's motion to suppress denied, and matter remitted to Criminal Term for further proceedings.
The evidence adduced at the suppression hearing was uncontradicted. On January 29, 1982, at about 7:45 A.M., a police officer on radio motor patrol duty received a radio run that there was a man with a gun at a luncheonette at Metropolitan Avenue and 116th Street, Queens County. The officer immediately proceeded to that busy...
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