Opinion
May 4, 1989
Appeal from the Supreme Court, New York County, Rose Rubin, J.
After examining the record of the Mapp hearing and the relevant testimony at trial, we are persuaded that this matter is appropriate for the exercise of our interest of justice jurisdiction, and remand for a de novo suppression hearing to explore factual discrepancies which require resolution before a proper determination on the motion to suppress may be made.
Concur — Carro, J.P., Asch, Kassal, Smith and Rubin, JJ.