Opinion
January 26, 1988
Appeal from the Supreme Court, New York County (Rothwax, J., Uviller, J.).
The People appropriately concede that the motion papers which were before the court which denied, without a hearing, the defendants' motion to suppress identification evidence "created a factual conflict requiring a hearing". They further appropriately concede that this court cannot review the determination of the suppression motions by considering what transpired at trial. (People v Gonzalez, 55 N.Y.2d 720, 722, cert denied 456 U.S. 1010.)
We note further, that the instant case is one of several which, arising from rulings of the same motion Judge, have required us to hold appeals in abeyance and remand matters to Supreme Court for hearings on motions which were inappropriately denied, without hearing.
Concur — Asch, J.P., Rosenberger, Ellerin and Smith, JJ.