SMITHTOWN - A judge has ruled that a Suffolk County top cop will have to take the witness stand in an abuse trial.

Suffolk's Police Department Chief James Burke will testify at a pre-trial hearing for Christopher Loeb.

Loeb is the 27-year-old from Smithtown who is accused of stealing a gun belt, ammo and handcuffs from Burke's SUV last December.

Loeb claims when he was alone with the chief in an interrogation room, Burke punched him in the stomach.