Ordered that the judgment is modified, on the law, by vacating the conviction of criminal possession of a weapon in the second degree and the sentence imposed thereon; as so modified, the judgment is affirmed, the determination denying that branch of the defendant's omnibus motion which was to suppress a gun recovered by the police is vacated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings in accordance with People v LaFontaine...
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