It was error for the hearing court to summarily deny defendant's motion to suppress physical evidence without holding a Mapp hearing, as required by CPL 710.60 (4). Defendant's motion papers alleged that the police had no reason to stop the vehicle in which defendant was a passenger, since it was being driven, with permission, by the brother of the vehicle's owner, was being operated in a lawful manner, and defendant and the driver were not engaged in any unlawful...
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