People v. Bennett

Appeal from judgment, Supreme Court, Bronx County (Dominic Massaro, J.), rendered May 30, 1995, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him to concurrent prison terms of 3 to 9 years, held in abeyance, and the matter remitted for a hearing on defendant’s motion to suppress evidence.

The defendant was arrested pursuant to a buy and bust operation. His omnibus motion alleged that "[o]n February 17, 1994, at approximately 11:30 a.m., the- defendant…