Opinion
May 9, 2000.
Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered October 9, 1997, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 5 to 10 years, unanimously affirmed.
Adam L. Goldman, for Respondent.
Daniel R. Williams, for Defendant-Appellant.
ROSENBERGER, J.P., MAZZARELLI, ELLERIN, RUBIN, FRIEDMAN, JJ.
The court properly declined to grant defendant's motion to suppress physical evidence summarily. The People's mistaken representation in their answering papers did not constitute a concession that the allegations in defendant's motion papers were true or a stipulation that the item of evidence sought to be suppressed would not be offered in evidence (see, CPL 710.60[a],[b]). Although the People's written answer was based on a mistake of fact and later corrected orally, it nevertheless raised a factual issue as to whether or not defendant had been subjected to an illegal seizure. Therefore, the court properly conducted a hearing (CPL 710.60).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.