People v. Bilal

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by remitting to Supreme Court for a suppression hearing. In the event that defendant prevails at the suppression hearing, a new trial should be ordered; alternatively, in the event that the People prevail, the judgment should be amended to reflect that result. As so modified, the order should be affirmed.

*962On this record and in light of the issues framed by the parties in connection with defendant’s CPL 440.10 motion, we conclude that defendant was denied the effective assistance of counsel. In this case,…