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People v Hanson (Keith)
2004 NY Slip Op 50092(U)
Decided on January 27, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on January 27, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NO. 2002-404 OR CR

THE PEOPLE OF THE STATE OF NEW YORK, Appellant,

against

KEITH HANSON, Respondent


Appeal by the People from an order of the Justice Court Town of Goshen, Orange County (T. Cione, J.), entered on February 20, 2002, granting defendant's motion to suppress the evidence.


Appeal unanimously held In abeyance and matter remanded to the trial court to file an amended return with this court and serve a copy on the parties within 60 days of the order entered hereon.

The return filed by the court fails to set forth "evidence, facts or occurrences . . . which constitute the factual foundation for the contentions alleged in the affidavit of errors" (CPL 460.10 [3] [d]; see People v Feldes, 73 NY2d 661 [1989]; People v Greenbaum, 104 Misc 2d 1012 [1980]). It is devoid of facts regarding, inter alia, the timing of the arrest, the search of the vehicle and trunk, and the contraband found in the passenger compartment and trunk.
Decision Date: January 27, 2004