Order reversed, on the law, and matter remitted to the Supreme Court, Queens County, for a new hearing in accordance herewith.
The defendant was indicted for criminal possession of a weapon in the third degree. The only issue raised on this appeal is whether Criminal Term properly suppressed the gun which was seized from defendant, as well as certain statements made by defendant to the police, on the ground that all such evidence was the fruit of an unlawful arrest...
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