People v. Pettaway

Appeal by the defendant from a judgment of the County Court, Nassau County (Goodman, J.), rendered December 1, 1987, convicting him of criminal possession of a controlled substance in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, a new trial is ordered, and the matter is remitted to the County Court, Nassau County, for a hearing on the validity of the search warrant and further proceedings in accordance herewith. No questions of fact have been raised or considered.

The defendant was charged with and convicted of criminal…