Ordered that the judgment is reversed, on the law, that branch of the defendant's omnibus motion which was to suppress physical evidence is granted, and a new trial is ordered.
On May 8, 1995, the victim was killed by a gunshot during an altercation in an apartment with the defendant and the defendant's girlfriend. When the police arrived at the scene at about 2:30 p.m., the defendant had already fled, his girlfriend was in the apartment, the victim was lying on the...
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