People v. Weaver

—Order unanimously reversed and matter remitted to Supreme Court, Erie County, Kasler, J., for further proceedings in accordance with the following memorandum: The People appeal from an order granting defendant’s motion pursuant to CPL 710.60 to suppress evidence of certain statements made by defendant to the police. The People submitted an answering affidavit stating that the allegations pertaining to the taking of the statement were controverted. On the argument of the motion, the Assistant District Attorney advised the court that the allegations in the moving affidavit were denied and…