People v. Jimenez

Judgment, Supreme Court, New York County (Robert M. Stolz, J., at suppression hearing; Marcy L. Kahn, J., at jury trial and sentencing), rendered November 18, 2011, convicting defendant of two counts of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to concurrent terms of four years, unanimously affirmed. The matter is remitted to Supreme Court, New York County, for further proceedings pursuant to GPL 460.50 (5).

The court properly denied defendant’s suppression motion. Defendant did not preserve his contention that the…