People v Glover

2007 NY Slip Op 09931 [46 AD3d 362]

December 18, 2007

Appellate Division, First Department

As corrected through Wednesday, February 13, 2008

The People of the State of New York,Respondent, v William Glover, Appellant.

—[*1]Richard M. Greenberg, Office of the Appellate Defender, New York City (Jessica A.Yager of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Vincent Rivellese of counsel), forrespondent.

Appeal from judgment, Supreme Court, New York County (Budd G. Goodman, J.), renderedDecember 20, 2005, convicting defendant, upon his plea of guilty, of criminal possession of aforged instrument in the second degree, and sentencing him, as a second felony offender, to aterm of 2 to 4 years, held in abeyance, and the matter remanded to Supreme Court, New YorkCounty, for a hearing on defendant's suppression motion.

As the People concede, defendant established standing to suppress physical evidenceallegedly recovered from his person (seePeople v Burton, 6 NY3d 584 [2006]), and he is entitled to a suppression hearing.Concur—Mazzarelli, J.P., Saxe, Marlow, Catterson and Malone, JJ.