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JKudgement, Supreme Court, New York County (Carol Berkman, J.), rendered September 2, 2003, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 272 to 5 years, unanimously affirmed.
Defendant made insufficient factual allegations to warrant a hearing on his motion to suppress evidence (see People v Valentino, 254 AD2d 185 [1998], lv denied 92 NY2d 1054 [1999]). Defendant did not allege facts establishing state action of any kind, or a reasonable expectation of privacy, and there were no disputed factual issues warranting a hearing. Moreover, defendant made no additional submissions despite the court’s invitation to do so.
We perceive no basis for reducing the sentence. Concur— Mazzarelli, J.E, Marlow, Williams, Sweeny and Catterson, JJ.
Document Info
Filed Date: 12/6/2005
Precedential Status: Precedential
Modified Date: 11/1/2024