People v. Capellan

Judgment of the Supreme Court, New York County (Budd Goodman, J., on suppression motion; Harold J. Rothwax, J., at plea and sentence), rendered January 7, 1987, convicting defendant of criminal possession of a controlled substance in the second degree and sentencing defendant to an indeterminate term of from six years to life imprisonment, unanimously affirmed.

Defendant’s unelaborated statement that he temporarily "moved into” the apartment where the search warrant was executed was insufficient to entitle defendant to a hearing on his motion to suppress the physical evidence, which included…