Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Richmond County, for further proceedings pursuant to CPL 460.50 (5).
The defendant contends that the Supreme Court erred in denying, after a hearing, that branch of his omnibus motion which was to suppress physical evidence. We disagree. The hearing testimony established that plainclothes police officers Frank Muzikar and William Stewart were on patrol in an unmarked vehicle within...
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