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PEOPLE, ETC., res, v. TOMER CHAZBANI, ap

PEOPLE, ETC., res, v. TOMER CHAZBANI, ap — (IND. NO. 1655/11)Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lopresto, J.), rendered April 20, 2015, convicting him of criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence. By decision and order of this Court dated November 9, 2016, the matter was remitted to the Supreme Court, Queens County, for a new determination of those branches of the defendant's omnibus motion which were to suppress physical evidence and his statements to law enforcement officials, and thereafter a report to this Court advising of the new determination (People v. Chazbani, 144 AD3d 836). The appeal was held in abeyance pending receipt of a report from the Supreme Court, Queens County. The Supreme Court, Queens County (Paynter, J.), has now submitted its report.

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PEOPLE, ETC., res, v. TOMER CHAZBANI, ap — (IND. NO. 1655/11)Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lopresto, J.), rendered April 20, 2015, convicting him of criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence. By decision and order of this Court dated November 9, 2016, the matter was remitted to the Supreme Court, Queens County, for a new determination of those branches of the defendant’s omnibus motion which were to suppress physical evidence and his statements to law enforcement officials, and thereafter a report to this Court advising of the new determination (People v. Chazbani, 144 AD3d 836). The appeal was held in abeyance pending receipt of a report from the Supreme Court, Queens County. The Supreme Court, Queens County (Paynter, J.), has now submitted its report.

ORDERED that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

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