Appellate Division of the Supreme Court of the State of New York June 19, 2012 (People v. McCutheon)

Appeal from judgment, Supreme Court, New York County (Carol Berkman, J.), rendered May 28, 2008, convicting defendant, upon his plea of guilty, of attempted criminal possession of a weapon in the third degree, and sentencing him, as a second violent felony offender, to a term of three years, held in abeyance, and the matter remitted for a de novo suppression hearing before another Justice.