Ordered that the judgment and amended judgment are reversed, on the law and the facts, that branch of the defendant's omnibus motion which was to suppress certain physical evidence and a statement made by him to the police is granted, indictment No. 4396/85 is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50 under indictment No. 4396/85, and for further proceedings with...
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