On review of the record, we agree that the suppression court erred in summarily denying defendant's motion to suppress physical evidence without holding an evidentiary hearing as required by CPL 710.60 (4). In moving to suppress, defendant, through counsel, alleged that on December 30, 1981, he was behind the wheel of a van which was double parked, with the motor running, at or near the corner of 167th Street and Bryant Avenue, in The Bronx. It is asserted that although defendant...
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