People v. Stewart

Appeal from a judgment of the Supreme Court, New York County, rendered June 2, 1978, convicting defendant of burglary in the third degree and petit larceny, for which he was sentenced to concurrent prison terms of 0 to 5 years and 1 year, respectively, is unanimously held in abeyance and the matter is remanded for a hearing on defendant’s motion to suppress (People v McNeil, 55 AD2d 573). Defendant was arrested on the run, allegedly escaping from a second-story burglary during which the victim had awakened and given chase. Defendant was found in possession of fruits of the crime, presenting…