MATTER OF D.


167 A.D.2d 941 (1990)

In the Matter of Willie D., a Person Alleged to be a Juvenile Delinquent

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

November 16, 1990


Order unanimously reversed on the law and matter remitted to Monroe County Family Court for further proceedings, in accordance with the following memorandum:

Family Court erred by failing to hold a hearing on respondent's motion to suppress evidence. Family Court did not deny respondent's motion on either of the two grounds specified in CPL 710.60 (3) but, rather, resolved factual issues against respondent based upon the motion papers and argument of counsel. That...

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