Opinion
No. 2002-404 OR CR.
Decided January 27, 2004.
Appeal by the People from an order of the Justice Court Town of Goshen, Orange County (T. Cione, J.), entered on February 20, 2002, granting defendant's motion to suppress the evidence.
Appeal unanimously held In abeyance and matter remanded to the trial court to file an amended return with this court and serve a copy on the parties within 60 days of the order entered hereon.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
The return filed by the court fails to set forth "evidence, facts or occurrences . . . which constitute the factual foundation for the contentions alleged in the affidavit of errors" (CPL 460.10 [d]; see People v. Feldes, 73 NY2d 661; People v. Greenbaum, 104 Misc 2d 1012). It is devoid of facts regarding, inter alia, the timing of the arrest, the search of the vehicle and trunk, and the contraband found in the passenger compartment and trunk.