People v. Robinson
Appellate Division of the Supreme Court of the State of New York
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
- People v. ReynoldsNew York Court of Appeals · 1988
- People v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1982
- People v. LoftonAppellate Division of the Supreme Court of the State of New York · 1987
- People v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1979
3Cited by1 opinion
- People v. AdamsAppellate Division of the Supreme Court of the State of New York · 1991