Case remitted to the County Court, Westchester County, to hear and report on that part of defendant's motion which was to suppress physical evidence, and appeal held in abeyance in the interim. The court erred in summarily denying so much of defendant's omnibus motion as sought to suppress physical evidence. Defendant's motion papers sufficiently allege a ground constituting a legal basis for this branch of the motion. We cannot say as a matter of law that the sworn allegations...
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