Opinion
June 19, 1989
Appeal from the Supreme Court, Kings County (Quinones, J.).
Ordered that the matter is remitted to the Supreme Court, Kings County, to hear and report on that branch of the defendant's motion which was to suppress physical evidence and the appeal is held in abeyance in the interim. The Supreme Court, Kings County, is to file its report with all convenient speed.
The defendant made a sufficient prima facie factual showing within his motion papers to warrant a Dunaway suppression hearing on the issues raised therein (see, CPL 710.60, [4]; People v. Soriano, 134 A.D.2d 186; People v. Marshall, 122 A.D.2d 283, 284; People v. Jenkins, 73 A.D.2d 694, 695). Accordingly, the matter is remitted to the Supreme Court to hear and report on the motion, and the appeal will be held in abeyance in the interim (see, People v. Marshall, supra). Mollen, P.J., Mangano, Kunzeman and Balletta, JJ., concur.