Opinion
November 30, 1967
Order entered November 22, 1966, herein appealed from, unanimously reversed, on the law, and the motion granted to the extent of remanding the matter for a hearing as to the alleged suppression of evidence. Sufficient is shown in the record, not indisputably controverted by documentary evidence, to warrant a hearing (cf. People v. Zimmerman, 10 N.Y.2d 430; People v. Savvides, 1 N.Y.2d 554; People v. Rosario, 9 N.Y.2d 286).
Concur — Stevens, J.P., Capozzoli, Rabin, McNally and Bastow, JJ.