Opinion
November 29, 1993
Appeal from the Supreme Court, Queens County (Eng, J.).
Ordered that the matter is remitted to the Supreme Court, Queens County, to hear and report on that branch of the defendant's omnibus motion which was to suppress physical evidence, and the appeals are held in abeyance in the interim. The Supreme Court, Queens County, is to file the report with all convenient speed.
We find that the court erred in denying, as untimely, the defendant's renewed application for a Mapp hearing. The original application for a Mapp hearing, was denied with leave to renew, on the ground that the defendant had not made proper allegations of fact. We find that under the circumstances of this case, the defendant's renewed application, made 12 days after a Wade hearing, at which factual issues concerning the legality of the search of the defendant were elicited, was timely. Bracken, J.P., Miller, Lawrence and Pizzuto, JJ., concur.