People v. Nedo

Appeal from a judgment of the County Court of Schenectady County (Feldstein, J.), rendered May 13, 1991, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.

When this appeal was previously before us, we held that defendant’s affidavit in support of his motion to suppress drugs seized from his person during a stop by the police raised a triable issue as to whether he had been subjected to an unlawful search and seizure, requiring a hearing (177 AD2d 849, 850). We therefore withheld decision on defendant’s appeal and…