Opinion
Decided February 5, 1998
Appeal from the Supreme Court, Bronx County (Dominic Massaro, J., on suppression motion; Steven Barrett, J., at plea and sentence).
Defendant's motion to suppress physical evidence as well as the additional assertions raised in the motion for reargument after the court summarily denied the original motion, sufficiently, if inartfully, identified defendant as the source of all the material factual allegations contained therein and entitled defendant to a hearing (People v. Mendoza, 82 N.Y.2d 415). Accordingly, we hold the appeal in abeyance and remit for a Dunaway/Mapp hearing.
Concur — Nardelli, J. P., Wallach, Williams and Mazzarelli, JJ.