People v. Leonard

Judgment entered June 20, 1968, convicting defendant, upon his plea of guilty, of criminal possession of a dangerous drug, affirmed. The motion to suppress was based solely on the testimony of the arresting police officer given at the preliminary hearing before the Magistrate and the hearsay affidavit of defendant’s attorney. The latter had no evidentiary value. (People v. De Simone, 56 Misc 2d 289, affd. 59 Misc 2d 562.) The uncontradicted testimony of the police officer presented no issue of fact requiring a hearing. (People v. Rodney P. [Anonymous], 21 N Y 2d 1.) In Rodney P. the…