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.