Opinion
April 14, 1989
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Callahan, J.P., Doerr, Denman, Lawton and Davis, JJ.
Case held, decision reserved and matter remitted to Supreme Court, Erie County, for a hearing, in accordance with the following memorandum: The trial court erred in summarily denying that portion of defendant's suppression motion that requested a hearing pursuant to Dunaway v. New York ( 442 U.S. 200). Though unartfully drafted, defendant's moving papers sufficiently complied with CPL 710.60 (1) by raising an issue of fact supporting his allegation that his showup identification should be suppressed because it was the result of his illegal arrest (see, People v. Shippens, 123 A.D.2d 502; People v. Vitetta, 118 A.D.2d 885, 886; People v. Williams, 46 A.D.2d 727). The court is therefore directed to conduct a Dunaway hearing and report to this court upon completion of the hearing (see, People v Shippens, supra; People v. De Vaughn, 81 A.D.2d 924).
We have reviewed defendant's remaining contentions and find them to be without merit.