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

Opinion

We 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.