Opinion
December 7, 1987
Appeal from the Supreme Court, Kings County (G. Aronin, J.).
Ordered that the matter is remitted to the Supreme Court, King's County, for a de novo suppression hearing, and the appeal is held in abeyance in the interim. The Supreme Court is to file its report with all convenient speed.
The People's failure to turn over its data analysis sheet which contained a prior inconsistent statement of its only witness at a Mapp hearing requires that a de novo suppression hearing be held (see, CPL 240.44; People v Ranghelle, 69 N.Y.2d 56; People v Malinsky, 15 N.Y.2d 86; People v Rosario, 9 N.Y.2d 286, rearg denied 9 N.Y.2d 908, cert denied 368 U.S. 866, rearg denied 14 N.Y.2d 876, rearg denied 15 N.Y.2d 765). Rubin, J.P., Kooper, Sullivan and Harwood, JJ., concur.