People v. Otero

Appeal from judgment, Supreme Court, New York County *554(Budd G. Goodman, J.), rendered October 6, 2005, convicting defendant, upon his guilty plea, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, held in abeyance, and the matter remanded for a hearing on defendant’s suppression motion.

Although the court granted defendant a Dunaway hearing on the issue of whether an undercover officer’s identification of defendant was the fruit of an unlawful seizure, it summarily denied defendant’s motion to suppress…