Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Erie County Court for further proceedings on the indictment.
Memorandum:
The People appeal from an order granting defendant's motion to suppress a gun obtained during a frisk of defendant and dismissing the indictment charging defendant with two counts of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1], [4]). County Court determined...
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