Opinion
April 28, 1998
Appeal from the Supreme Court, Bronx County (Harold Silverman, J.).
Reading defendant's omnibus motion as a whole ( People v. Face, 247 A.D.2d 336), we conclude that defense counsel sufficiently, if inartfully, identified the source of the factual allegations regarding defendant's actions prior to and at the time of his arrest ( see, People v. Lewis, 247 A.D.2d 227). Furthermore, we find that since defendant denied his participation in the drug transaction and the People's response added nothing other than to suggest that defendant was arrested because he sold drugs, defendant is entitled to a Mapp hearing ( see, People v. Hightower, 85 N.Y.2d 988, 990; People v. Mendoza, 82 N.Y.2d 415; People v. Marquez, 246 A.D.2d 330).
Concur — Sullivan, J.P., Rosenberger, Nardelli, Rubin and Andrias, JJ.