Action remitted to the trial court for further proceedings in accordance with this decision. In the interim, the pending appeal in this court will be held in abeyance. The remission is for the purpose of holding a hearing and making findings of fact upon the issues raised by the defendant's motion to suppress evidence. In our opinion, such motion was improperly denied without a hearing and without findings (People v. Malinsky,
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PEOPLE v. BARRY
24 A.D.2d 638 (1965)
The People of the State of New York, Respondent, v. Fred Alfred Barry, Appellant
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
July 19, 1965
July 19, 1965
Appellate Division of the Supreme Court of the State of New York, Second Department.
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