Ordered that the judgment is reversed, on the law, the plea is vacated, that branch of the defendant's omnibus motion which was to suppress physical evidence is granted, the indictment is dismissed, and the matter is remitted to the Supreme Court, Richmond County, for the purpose of entering an order, in its discretion, pursuant to CPL 160.50.
Initially, it is noted that the defendant did not waive his right to appeal at the time of the plea.
Contrary to the...
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