Judge Engel
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DEFENDANT, charged with assault, moved to dismiss the information as facially insufficient. Alternatively, defendant sought to suppress any statements he allegedly made or directing a hearing be held on the voluntariness of such statements. Prosecutors opposed dismissal, but consented to a hearing limited to the issues of “Miranda/classic coercion.” Initially, the court found complainant’s supporting deposition alleging defendant head-butted him, causing him to sustain a contusion, a swollen eye and resulting in “a lot of pain,” sufficiently established the necessary elements of the crime charged. It also noted that defendant’s allegations that his statements were involuntarily made during the police interrogation, in the absence of the administration of his Miranda rights, neither required granting defendant’s motion, nor permitted for its summary denial. Thus, the court must conduct a hearing and make findings of fact essential to such determination. Hence, it granted defendant’s motion seeking suppression of his alleged statements to the extent of directing a hearing be held limited to the issues of ‘classic coercion” and the alleged violation of his Miranda rights. Otherwise, the motion was denied.
