PEOPLE v. WHITEN


151 A.D.2d 708 (1989)

The People of the State of New York, Respondent, v. Donald Whiten, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 19, 1989


Ordered that the matter is remitted to the Supreme Court, Kings County, to hear and report on that branch of the defendant's motion which was to suppress physical evidence and the appeal is held in abeyance in the interim. The Supreme Court, Kings County, is to file its report with all convenient speed.

The defendant made a sufficient prima facie factual showing within his motion papers to warrant a Dunaway suppression hearing on the issues raised therein ...

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