The court properly declined to grant defendant's motion to suppress physical evidence summarily. The People's mistaken representation in their answering papers did not constitute a concession that the allegations in defendant's motion papers were true or a stipulation that the item of evidence sought to be suppressed would not be offered in evidence (see, CPL 710.60 [2] [a], [b]). Although the People's written answer was based on a mistake of fact and later corrected...
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