Opinion
March 8, 1999
Appeal from the Supreme Court, Kings County (Hall, J.).
Ordered that the order is modified by deleting the provisions thereof granting those branches of the defendant's motion which were to suppress the following items of physical evidence: (1) the short-rimmed cap, (2) the imitation pistol, (3) the .9 millimeter bullet, and (4) the twelve .38 caliber bullets, and substituting therefor a provision denying those branches of the defendant's motion; as so modified, the order is affirmed.
The order is modified for the reasons set forth in the companion case of People v. Paccione ( 259 A.D.2d 563 [decided herewith]).
Santucci, J. P., Joy, Altman and Krausman, JJ., concur.