Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).
Contrary to the defendant's present contention, the seizure of the weapon from the vehicle in which he and his codefendant had been riding was not unlawful. The record demonstrates that an identifiable citizen approached the police and informed them that he had just been assaulted by two men armed with a gun...
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