Legal Opinion

People v. Robinson

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

Decided October 6, 1989No. Appeal No. 1PublishedCited by 1 opinion

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: The court properly denied defendant’s motion to suppress physical evidence without holding a hearing (see, CPL 710.60 [3] [b]). An affidavit of defendant’s counsel which merely contains conclusory allegations that an unconstitutional search had been conducted at the time of defendant’s arrest is insufficient to raise a factual issue that would require a hearing (see, CPL 710.60 [1]; People v Reynolds, 71 NY2d 552, 558; People v Lofton, 129 AD2d 970, lv denied 70 NY2d 650; People v Alexander, 88 AD2d 749; *932People v Reynolds, 71 AD2d 1008). (Appeal from…

2Cases cited4 opinions

  1. People v. ReynoldsNew York Court of Appeals · 1988
  2. People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. LoftonAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by1 opinion

  1. People v. AdamsAppellate Division of the Supreme Court of the State of New York · 1991

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