—[*1] Steven Banks, The Legal Aid Society, New York City (David Crow of counsel), and Davis Polk & Wardwell, New York (Michel Beshara of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Ellen Stanfield Friedman of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (Budd G. Goodman, J., at motion; Robert M. Stolz, J., at jury trial and sentence), rendered March 29, 2005, convicting defendant of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to an aggregate term of 6½ years, held in abeyance and the matter remanded to Supreme Court for a suppression hearing.

The motion court erred in summarily denying defendant's suppression motion on the ground that he did not admit he was in possession of the physical evidence the police claimed to have found on his person (see People v Burton, 6 NY3d 584, 588 [2006]). As the court indicated, defendant's moving papers were otherwise sufficient to warrant a hearing (see id. at 590). Concur—Saxe, J.P., Gonzalez, Buckley and Acosta, JJ.