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People v. Fair

228 A.D.2d 516, 643 N.Y.2d 1009, 643 N.Y.S.2d 1009, 1996 N.Y. App. Div. LEXIS 6553
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 10, 1996
StatusPublished

This text of 228 A.D.2d 516 (People v. Fair) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Fair, 228 A.D.2d 516, 643 N.Y.2d 1009, 643 N.Y.S.2d 1009, 1996 N.Y. App. Div. LEXIS 6553 (N.Y. Ct. App. 1996).

Opinion

[517]*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 event, are without merit (see, People v Byrd, 214 AD2d 581). Miller, J. P., Copertino, Santucci and Altman, JJ., concur.

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Related

People v. Mendoza
624 N.E.2d 1017 (New York Court of Appeals, 1993)
People v. Medina
424 N.E.2d 276 (New York Court of Appeals, 1981)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Chavous
204 A.D.2d 475 (Appellate Division of the Supreme Court of New York, 1994)
People v. Byrd
214 A.D.2d 581 (Appellate Division of the Supreme Court of New York, 1995)

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Bluebook (online)
228 A.D.2d 516, 643 N.Y.2d 1009, 643 N.Y.S.2d 1009, 1996 N.Y. App. Div. LEXIS 6553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fair-nyappdiv-1996.