Ordered that the judgment is affirmed, and the case remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
A review of the record reveals that following his arrest, the defendant was placed in an unmarked police car along with three plain-clothes officers, and they immediately drove away. After they had traveled a distance of several blocks, an officer turned around to speak to the defendant and noticed that he had put his...
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