People v. Face

Appeal from judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered December 23, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree (two counts), and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, held in abeyance and the matter remitted to Supreme Court for a hearing on defendant’s motion to suppress identification testimony as fruit of an allegedly unlawful seizure.

Defendant was arrested after allegedly selling crack cocaine *337to an apprehended buyer and then to an undercover…