People v. Buckley

Judgment, Supreme Court, New York County, rendered March 29, 1979, reversed, on the law, and case remanded for a hearing on defendant’s motion to suppress. The defendant entered a plea of guilty to criminal possession of a weapon in the third degree following denial of his motion to suppress several guns. The motion to suppress was summarily denied on the finding by the court that "The sworn allegations of fact do not as a matter of law support the ground alleged” (CPL 710.60, subd *7583, par [b]). We do not agree and accordingly remand for a hearing on the motion to suppress. Piecing together the…