People v. Rivera

Sullivan, J. (dissenting).

The sole issue that divides us is the trial court’s denial of defendant’s motion to suppress physical evidence without affording defendant a hearing, a ruling with which I agree.

After his arrest, defendant was charged in a felony complaint with one count each of criminal possession of a controlled substance in the third, fourth and seventh degrees.

*165The factual portion of the felony complaint alleged that the police observed defendant “exchange a small object with an unapprehended buyer for U.S. currency/’ and that cocaine and methylenemethamphetamine (known as MDMA or…