People v. Johnson — 154 A.D.2d 298

Majority

p. 298

The People of the State of New York, Respondent, v Wayne Johnson, Also Known as Wayne Hunt, Appellant.

The appeal from the judgment of the Supreme Court, New York County (Stanley Sklar, J.), rendered on February 4, 1986, after a jury trial, convicting defendant of two counts of criminal possession of a weapon in the third degree and one count of criminal possession of a controlled substance in the seventh degree and sentencing the defendant to an indeterminate term of 314 to 7 years on each weapons possession count

p. 299

and a definite one-year term on the remaining count, all to run concurrently, is held in abeyance pending remand for a hearing upon defendant’s suppression motion.

As the People concede, defendant’s suppression motion should not have been summarily denied; it contained allegations sufficient to require that a hearing be held. We, therefore, remand for a hearing in accordance with the Court of Appeals recent decision in People v Giles ( 73 NY2d 666 ). Concur — Murphy, P. J., Kupferman, Kassal, Wallach and Smith, JJ.

Cases cited

People v. Giles 73 NY2d 666 N.Y. 1989-06-13 p. 299