Opinion
8065 Ind. 2604N/13
01-10-2019
The PEOPLE of the State of New York, Respondent, v. Adan DIAZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Hunter Haney of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (R. Jeannie Campbell–Urban of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Hunter Haney of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (R. Jeannie Campbell–Urban of counsel), for respondent.
Friedman, J.P., Gische, Oing, Singh, Moulton, JJ.
The People concede that defendant is entitled to a Mapp/Dunaway hearing because his moving papers created a factual issue warranting a hearing, based on the information available to him at the time of the motion (see generally People v. Mendoza, 82 N.Y.2d 415, 604 N.Y.S.2d 922, 624 N.E.2d 1017 [1993). Furthermore, there are unresolved issues regarding the existence and validity of a GPS search warrant for defendant's car.