Legal Opinion

People v. Fair

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 1996Published

1Opinion of the Court

*517We reject the defendant’s contention that the court erred by denying, without a hearing, that branch of his omnibus motion which was for suppression of physical evidence. The defendant’s moving papers failed to allege sufficient facts to support a legal basis for the branch of his motion in question (see, CPL 710.60 [3]; People v Mendoza, 82 NY2d 415; People v Chavous, 204 AD2d 475).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are unpreserved for appellate review (see, CPL 470.05 [2]; People v Medina, 53 NY2d 951) and, in any…

2Cases cited5 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. MedinaNew York Court of Appeals · 1981
  3. People v. MendozaNew York Court of Appeals · 1993
  4. People v. ChavousAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. ByrdAppellate Division of the Supreme Court of the State of New York · 1995

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