People v. Hernandez

OPINION OF THE COURT

Michael C. Curci, J.

The People’s request for reargument is granted. Upon reconsideration, the court adheres to its original decision and defendant’s motion requesting a hearing as to the suppression of physical evidence is granted.

This court believes there is no merit to the People’s position. The People contend that when the defendant raises a prima facie issue of an illegal arrest, or a search without probable cause, they can summarily overcome and satisfy their burden by the mere assertion of facts in their affirmation, thereby causing a hearing to be unnecessary. This…