PEOPLE v. FLEMING

Ind. No. 5220/14. Appeal No. 15117. Case No. 2018-5741.

201 A.D.3d 552 (2022)

160 N.Y.S.3d 45

2022 NY Slip Op 00360

The People of the State of New York, Respondent, v. Gregory Fleming, Appellant.

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

Decided January 20, 2022.


Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( A. Alexander Donn of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Patricia Curran of counsel), for respondent.

Concur— Kapnick, J.P., Singh, Moulton, Shulman, Higgitt, JJ.


In this buy and bust case, the factual allegations in defendant's suppression motion were sufficient to entitle him to a hearing on whether the arresting officer had probable cause to arrest him. Accordingly, we hold the appeal in abeyance pending the outcome of a Mapp/Dunaway hearing.

To obtain a hearing in this context, defendant was "required to raise a factual challenge to the legality of the arrest and seizure of evidence in either of two ways. A defendant...

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