People v. Perrin

Appeal from an order of the County Court of Albany County (Turner, Jr., J.), entered March 1, 1993, which, inter alia, granted defendants’ motions to dismiss the indictment.

When the moving papers in a motion to suppress evidence seized in the search of a motor vehicle raise contested factual issues regarding the reasonableness of the police action and whether defendants consented to the search, an evidentiary suppression hearing should be held (see, CPL 710.60 [4]; People v Cole, 187 AD2d 873, 874; People v Knights, 124 AD2d 935; People v Jones, 124 AD2d 1072). We therefore hold that it was…