People v. Casado

*386OPINION OF THE COURT

Fein, J.

The sole issue on this appeal is whether the court erroneously denied defendant’s motion to suppress physical evidence and statements. In affirming, we do not agree that the suppression Judge properly excluded from consideration testimony given by the arresting officer in response to the Judge’s question concerning the officer’s observations of the defendant’s behavior prior to the arrest. We know of no reason why the court was precluded from such inquiry or from considering the testimony given in response.

The suppression Judge is not merely an observer or referee…