Opinion
April 14, 1989
Appeal from the Supreme Court, Erie County, Flynn, Jr., J.
Present — Callahan, J.P., Doerr, Denman, Lawton and Davis, JJ.
Motion to dismiss appeal denied. Judgment unanimously reversed on the law and matter remitted to Supreme Court, Erie County, for further proceedings on the indictment. Memorandum: A conclusory assertion that statements were obtained from defendant in violation of his statutory and constitutional rights amounts to a claim that the statement was "involuntarily made" (CPL 60.45 [b] [ii]), and the trial court erred in denying defendant's motion to suppress without conducting a Huntley hearing (CPL 710.20; 710.60 [3] [b]; People v. Weaver, 49 N.Y.2d 1012; People v. Knights, 124 A.D.2d 935).