People v. Sutton

— Appeal from the judgment of the Supreme Court, New York County (Melia, J., at plea and sentence; Rothwax, J., at suppression), rendered February 4, 1980, convicting defendant, upon his plea, of criminal possession of a weapon in the third degree and sentencing him to two to four years, held in abeyance and the matter remanded for a suppression hearing. As part of an omnibus motion, defendant moved to suppress physical evidence pursuant to CPL 710.60. The motion was predicated upon the affirmation of defense counsel. The defense counsel stated that, upon information and belief, defendant was…