Opinion
December 7, 1992
Appeal from the Supreme Court, Queens County (Giaccio, J.).
Ordered that the matter is remitted to the Supreme Court, Queens County, to hear and report on that branch of the defendant's omnibus motion which was to suppress evidence and the appeal is held in abeyance in the interim. The Supreme Court, Queens County, is to file its report will all convenient speed.
We find that the branch of the defendant's omnibus motion which was to suppress evidence seized pursuant to his arrest was improperly denied without a hearing, since his allegations were factually sufficient to raise an issue concerning the probable cause for his arrest (see, CPL 710.60; Matter of Tyrell B., 177 A.D.2d 375; People v Huggins, 162 A.D.2d 129; People v Soriano, 134 A.D.2d 186). We pass on no other issues at this juncture. Bracken, J.P., Lawrence, O'Brien and Santucci, JJ., concur.