People v. Goodwin , 36 A.D.2d 626 ( 1971 )

No opinion. Upon appeal from judgment of November 3, 1969, ease remitted to Criminal Term for further proceedings not inconsistent with the memorandum herein; and determination of said appeal held in abeyance in the interim. In our opinion it was error to deny, without a hearing, defendant’s pretrial motion to suppress evidence allegedly obtained by an illegal search and seizure (Code Crim. Pro., § 813-e). Latham, Acting P. J., Christ, Brennan and Benjamin, JJ., concur.