Robert S. Dean, Center for Appellate Litigation, New York (Hunter Haney of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (R. Jeannie Campbell-Urban of counsel), for respondent.

Appeal from judgment, Supreme Court, New York County (Bonnie G. Wittner, J. at suppression motion and plea; A. Kirke Bartley, Jr., J. at sentencing), rendered July 17, 2014, as amended December 16, 2015, convicting defendant of criminal possession of a controlled substance in the second degree, and sentencing him to a term of three years, held in abeyance, and the matter remanded to Supreme Court for a hearing on defendant's motion to suppress evidence.

The People concede that defendant is entitled to a Mapp/Dunaway hearing because his moving papers created a factual issue warranting a hearing, based on the information available to him at the time of the motion (see generally People v Mendoza, 82 NY2d 415 [1993]). Furthermore, there are unresolved issues regarding the existence and validity of a GPS search warrant for defendant's car. Concur—Friedman, J.P., Gische, Oing, Singh, Moulton, JJ.