Opinion
November 10, 1986
Appeal from the Onondaga County Court, Cunningham, J.
Present — Dillon, P.J., Callahan, Doerr, Denman and Schnepp, JJ.
Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings, in accordance with the following memorandum: Defendant's motion to suppress evidence seized in a search of his duffle bag was erroneously denied without a hearing. The moving papers raised issues of whether there was probable cause for the police action and whether defendant consented to the search. Since the People should not be deprived of one full opportunity to present evidence of the legality of the search (see, People v Havelka, 45 N.Y.2d 636, 642-643), the case is remitted for a suppression hearing on defendant's motion.