People v. Shepard

*447Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered May 23, 2007, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of six years, unanimously affirmed.

Defendant argues that the trial court confused suppression and preclusion issues and that once the court suppressed the physical evidence on the ground that the police lacked probable cause to arrest defendant, it should also…