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 court erred when it relied upon its review of the Grand Jury minutes to summarily deny the defendant's original motion for suppression of the physical evidence...
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