Opinion
July 29, 1991
Appeal from the Supreme Court, Kings County (Broomer, J.).
Ordered that the matter is remitted to the Supreme Court, Kings County, to hear and report on that branch of the defendant's motion which was to suppress physical evidence, and the appeal is held in abeyance in the interim. The Supreme Court, Kings County, is to file its report with all convenient speed.
The court erred when it relied upon its review of the Grand Jury minutes to summarily deny the defendant's original motion for suppression of the physical evidence (see, People v Pavesi, 144 A.D.2d 392). The court also erred when it summarily denied a renewed motion to suppress. The factual averments before the court were sufficient to warrant a hearing on the issue of probable cause to arrest and the seizure of a gun from the defendant (see, People v Miller, 162 A.D.2d 248; People v Huggins, 162 A.D.2d 129). Accordingly, a hearing is directed and the appeal is held in abeyance in the interim. Thompson, J.P., Bracken, Harwood and Balletta, JJ., concur.