People v. Tirado

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by remitting the case to County Court, Albany County, for a determination of the facts concerning the handcuffing of defendant, and, as so modified, affirmed.

*865Although the uncontradicted testimony at the suppression hearing indicated that defendant was handcuffed at some point during his encounter with the police, the suppression court made no finding as to when in relation to the questioning the police actually placed the handcuffs on defendant; indeed, the court made no reference to handcuffs at all. The…