People v. Muhammed

Appeal from judgment, Supreme Court, New York County (Carol Berkman, J., on summary denial of Mapp motion; Bonnie Wittner, J., at jury trial and sentence), rendered December 13, 1999, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2V2 to 5 years, held in abeyance and the matter remanded for a hearing on defendant’s motion to suppress evidence.

Given the information available to defendant, his factual averments were sufficient to entitle him to a hearing. The People had disclosed simply…