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STATE v. KIRKLAND

No. 933SC1225.

457 S.E.2d 766 (1995)

119 N.C. App. 185

STATE of North Carolina v. Ceasar B. KIRKLAND.

Court of Appeals of North Carolina.

June 6, 1995.

Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Sp. Deputy Atty. Gen. Lorinzo L. Joyner, for the State.

Appellate Defender Malcolm Ray Hunter, Jr. by Asst. Appellate Defenders Benjamin Sendor and Charlesena Elliott Walker, for defendant appellant.

ARNOLD, Chief Judge.

Defendant assigns error to the trial court's failure to rule on defendant's motion to suppress and then permitting testimony regarding evidence which was the subject of the motion. Under N.C.Gen.Stat. § 15A-977, a motion to suppress is not subject to a summary denial where the defendant has alleged a legal basis for the motion and has provided a supporting affidavit. N.C.Gen. Stat. § 15A-977(c) (1988); State v. Breeden, 306 N...

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