Majority
p. 362The People of the State of New York, v Antonio Matos, Respondent.
Appeal by the People from an order of the Supreme Court, Queens County (Chetta, J.), dated May 18, 1984, which, after a hearing, granted the defendant’s motion to suppress physical evidence, i.e., a gun.
Order affirmed.
Under the circumstances herein, Criminal Term properly granted the defendant’s motion to suppress the gun found on his person. Lazer, J. P., Mangano, Bracken and Kooper, JJ., concur.