Opinion
April 12, 2001.
Appeal from judgment, Supreme Court, New York County (Rena Uviller, J. on motion; William Wetzel, J. at jury trial and sentence), rendered September 24, 1999, convicting defendant of two counts of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4 1/2; to 9 years, held in abeyance and the matter remitted to Supreme Court for a hearing on defendant's motion to suppress physical and identification evidence.
Alan Gadlin, for Respondent.
Melissa Rothstein, for Defendant-Appellant.
Williams, J.P., Ellerin, Wallach, Lerner, Rubin, JJ.
As the People correctly concede, defendant made a sufficient showing to warrant a hearing on his suppression motion (People v. Hightower, 85 N.Y.2d 988).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.