Appellate Division of the Supreme Court of New York, 1988

People v. Gomez

People v. Gomez
Appellate Division of the Supreme Court of New York · Decided February 16, 1988
137 A.D.2d 712; 524 N.Y.S.2d 375; 1988 N.Y. App. Div. LEXIS 1821
People v. Gomez

Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Pitaro, J.), rendered January 17, 1985, convicting him of criminal possession of a controlled substance in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for *713review the denial (Cooperman, J.), after a hearing, of that branch of the defendant’s omnibus motion which was to suppress physical evidence.

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 case is remitted to Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

Contrary to the findings of the hearing court, we conclude that the search of the apartment in which the defendant resided, which led to the recovery of two bags of cocaine, was unlawful (see, People v Grajales, 136 AD2d 564).

Based upon our disposition of the suppression issue, we need not reach the defendant’s remaining contention. Thompson, J. P., Brown, Eiber and Sullivan, JJ., concur.

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