Opinion
Ind. 2272/18 3359/18
04-12-2022
The People of the State of New York, Respondent, v. Shawn Jones, Defendant-Appellant. Appeal No. 15687-15687A Case No. 2019-4367
Caprice R. Jenerson, Office of The Appellate Defender, New York (Kami Lizarraga of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Karl Z. Deuble of counsel), for respondent.
Caprice R. Jenerson, Office of The Appellate Defender, New York (Kami Lizarraga of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Karl Z. Deuble of counsel), for respondent.
Before: Renwick, J.P., Friedman, Moulton, Mendez, Pitt, JJ.
Appeal from judgment, Supreme Court, New York County (Felicia A. Mennin, J. at suppression motion and plea; Diane R. Kiesel, J. at sentencing), rendered April 30, 2019, convicting defendant of criminal possession of a controlled substance in the third degree and criminal possession of a weapon in the second degree, and sentencing him, as a second felony drug offender, to an aggregate term of six years, held in abeyance and the matter remanded for a hearing on defendant's motion to suppress physical evidence. Judgment, same court, Justices and date, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a concurrent term of two years, unanimously affirmed.
The allegations in defendant's moving papers were sufficient to warrant a hearing on whether any evidence should be suppressed as resulting from the execution of an arrest warrant in a manner that allegedly violated CPL 120.80. Defendant's factual allegations were sufficiently specific, and the People responded with conclusory denials (see generally People v Hightower, 85 N.Y.2d 988 [1995]).
We find that defendant did not make a valid waiver of his right to appeal, and the People do not contend otherwise. We also find that defendant's suppression claim is reviewable (see CPL 470.05[2]; 710.70[2]) and was not abandoned.
Defendant does not raise any issues regarding his criminal sale of a controlled substance conviction.