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PEOPLE v. RIVERA

42 A.D.3d 160 (2007)

836 N.Y.S.2d 148

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY RIVERA, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

May 17, 2007.

Attorney(s) appearing for the Case

Richard M. Greenberg, Office of the Appellate Defender, New York City (Risa Gerson of counsel), and O'Melveny & Myers LLP, New York City (Christine M. Riley of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Eric Rosen and Karen Schlossberg of counsel), for respondent.

MAZZARELLI, J.P., BUCKLEY and SWEENY, JJ., concur with ANDRIAS, J.; SULLIVAN, J., dissents in a separate opinion.

OPINION OF THE COURT

ANDRIAS, J.

Because this case is factually indistinguishable from People v Muhammed (290 A.D.2d 248 [2002]), the court erred in denying defendant's motion to suppress evidence without affording him a hearing. Defendant's appeal should be held in abeyance and the matter remanded for a hearing on his motion.

It is now firmly established...

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