—[*1] Richard M. Greenberg, Office of the Appellate Defender, New York City (Jessica A. Yager of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Vincent Rivellese of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered December 20, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a forged instrument in the second degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, held in abeyance, and the matter remanded to Supreme Court, New York County, for a hearing on defendant's suppression motion.

As the People concede, defendant established standing to suppress physical evidence allegedly recovered from his person (see People v Burton, 6 NY3d 584 [2006]), and he is entitled to a suppression hearing. Concur—Mazzarelli, J.P., Saxe, Marlow, Catterson and Malone, JJ.