Indictment No. 4702/89 has been filed against the defendant, Juan Garcia, arising from a charge of criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]). Mr. Garcia claims to be aggrieved by an unlawful search made without probable cause. He moves to suppress the seizure of a gun. The motion is denied.
It is well settled that where a defendant challenges the
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