Opinion
May 20, 1976
Appeal from the City Court of White Plains, LESLIE I. LEVINE, J.
Carl A. Vergari, District Attorney (James M. Rose of counsel), for appellant.
Kenneth J. Finger for respondent.
MEMORANDUM. Order unanimously reversed on the law and matter remanded to the court below for a hearing and determination de novo.
We do not agree with the court below that shining an ultraviolet light on defendant's hands constituted a search (see United States v Lee, 274 U.S. 559; People v Anthony, 21 A.D.2d 666, cert den 379 U.S. 983). Nevertheless, if the initial detention or seizure of defendant was unlawful, the evidence thereafter acquired must be suppressed (People v Cantor, 36 N.Y.2d 106). We cannot determine, however, whether there were sufficient grounds for the seizure of defendant's person inasmuch as no hearing was held on the motion. The matter must therefore be remanded to the court below for determination de novo following a hearing at which the facts surrounding the seizure may be fully developed.
Concur: FARLEY, GLICKMAN and PITTONI, JJ.