People v. Benjamin

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered June 22, 1978, convicting him of criminal possession of a weapon in the third degree, upon a plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of defendant’s motion to suppress certain evidence. By order dated August 6, 1979 this court reversed the judgment, on the law, granted the motion to suppress and dismissed the indictment (People v Benjamin, 71 AD2d 857 ). On November 18, 1980 the Court of Appeals reversed the order of this court and remitted the case to this court for consideration of the facts ( 51 NY2d 267 ). Judgment affirmed. (See People v De Jesus, 55 AD2d 196 .) Titone, J.P., Mangano, Cohalan and Margett, JJ., concur.