People v. Williams

272 A.D.2d 128, 709 N.Y.S.2d 390, 2000 N.Y. App. Div. LEXIS 5415

Opinion

—Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered October 9, 1997, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 5 to 10 years, unanimously affirmed.

The court properly declined to grant defendant’s motion to suppress physical evidence summarily. The People’s mistaken representation in their answering papers did not constitute a concession that the allegations in defendant’s motion papers were true or a stipulation that the item of evidence sought to be suppressed would not be offered in evidence (see, CPL 710.60 [2] [a], [b]). Although the People’s written answer was based on a mistake of fact and later corrected orally, it nevertheless raised a factual issue as to whether or not defendant had been subjected to an illegal seizure. Therefore, the court properly conducted a hearing (CPL 710.60 [4]). Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Rubin and Friedman, JJ.