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 sought suppression of identification testimony on the grounds that it was the fruit of an unlawful arrest, and the appeal is held in abeyance in the interim; the Supreme Court, Kings County, is to file its report with all convenient speed.
We agree with the defendant that it was error to summarily deny that branch of his motion...
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