Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendant's omnibus motion which were to suppress the physical evidence recovered from a shopping bag and the defendant's statements to the police and substituting therefor a provision denying those branches of the motion; as so modified, the order is affirmed.
At approximately 11:25 P.M. on August 23, 1997, the defendant was using a public telephone, holding...
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