The People of the State of New York, Respondent, v. Sekou Shutsha, Appellant

First Department, January, 2018 (January 2, 2018) The People of the State of New York, Respondent, v Sekou Shutsha, Appellant. [66 NYS3d 126] [MAJORITY] Judgment, Supreme Court, New York County (James M. Burke, J.), rendered June 10, 2015, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3x/2 to 7 years, unanimously reversed, on the law, and the matter remanded for a new trial. In a prior decision (151 AD3d 657 [1st Dept 2017]), this Court held defendant’s appeal in abeyance and remitted the matter to the Supreme Court for a suppression hearing addressing whether there were exigent circumstances justifying the war-rantless search of defendant’s bag incident to his arrest. After conducting a Mapp hearing on that issue, the court (Gregory Carro, J.) suppressed the physical evidence from defendant’s bag. As the People concede, in light of this decision, defendant’s conviction must be reversed and the matter remanded for a new trial. We reject defendant’s contention that he is entitled to any other pretrial suppression hearings. Concur—Sweeny, J.P., Renwick, Andrias, Kapnick and Kahn, JJ.