People v. Johnson

154 A.D.2d 298, 547 N.Y.S.2d 222, 1989 N.Y. App. Div. LEXIS 13605

Opinion

The appeal from the judgment of the Supreme Court, New York County (Stanley Sklar, J.), rendered on February 4, 1986, after a jury trial, convicting defendant of two counts of criminal possession of a weapon in the third degree and one count of criminal possession of a controlled substance in the seventh degree and sentencing the defendant to an indeterminate term of 314 to 7 years on each weapons possession count and a definite one-year term on the remaining count, all to run concurrently, is held in abeyance pending remand for a hearing upon defendant’s suppression motion.

As the People concede, defendant’s suppression motion should not have been summarily denied; it contained allegations sufficient to require that a hearing be held. We, therefore, remand for a hearing in accordance with the Court of Appeals recent decision in People v Giles (73 NY2d 666). Concur — Murphy, P. J., Kupferman, Kassal, Wallach and Smith, JJ.