People v. Diaz

2019 NY Slip Op 211

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 10, 2019
• Docket: 8065 2604N/13
• Status: Published

Opinion

People v Diaz (2019 NY Slip Op 00211)

People v Diaz

2019 NY Slip Op 00211

Decided on January 10, 2019

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 10, 2019
Friedman, J.P., Gische, Oing, Singh, Moulton, JJ.

8065 2604N/13

[*1]The People of the State of New York, Respondent,

v

Adan Diaz, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Hunter Haney of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (R. Jeannie Campbell-Urban of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (Bonnie G. Wittner, J. at suppression motion and plea; A. Kirke Bartley, Jr., J. at sentencing), rendered July 17, 2014, as amended December 16, 2015, convicting defendant of criminal possession of a controlled substance in the second degree, and sentencing him to a term of three years, held in abeyance, and the matter remanded to Supreme Court for a hearing on defendant's motion to suppress evidence.

The People concede that defendant is entitled to a Mapp/Dunaway hearing because his moving papers created a factual issue warranting a hearing, based on the information available to him at the time of the motion (see generally People v Mendoza , 82 NY2d 415 [1993). Furthermore, there are unresolved issues regarding the existence and validity of a GPS search warrant for defendant's car.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JANUARY 10, 2019

CLERK