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, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent with CPL 160.50.
The defendant pleaded guilty to criminal possession of a weapon in the second degree, but did not waive his right to challenge on appeal the hearing court's denial of his omnibus...
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