People v. Rivera

— Judgment, Supreme Court, New York County, rendered February 24, 1977, convicting defendant, on his plea of guilty, of attempted robbery in the third degree and sentencing him as a second felony offender to a term of imprisonment of one and one-half to three years, is unanimously affirmed. The case is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (subd 5). The only issue on this appeal is whether the court should have suppressed a wallet seized from defendant by a police officer on the ground that the search of the defendant was unlawful. When…