People v. Marte

Appellate Division of the Supreme Court of New York

People v. Marte

50 A.D.3d 316, 854 N.Y.S.2d 396

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

DecidedApril 3, 2008

StatusPublished

Cited by1 cases

This text of 50 A.D.3d 316 (People v. Marte) 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. Marte, 50 A.D.3d 316, 854 N.Y.S.2d 396 (N.Y. Ct. App. 2008).

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Opinion

Judgment, Supreme Court, New York County (Carol Berkman, J., on motions; Rena K. Uviller, J., at plea and sentence), rendered September 21, 2005, convicting defendant of criminal possession of a controlled substance in the fourth degree, and sentencing him to a term of five years’ probation, unanimously affirmed.

The court properly denied defendant’s suppression motion without granting a hearing. Defendant’s vague and conclusory submission was insufficient either to raise a claim that he discarded the drugs at issue as a reaction to unlawful police conduct or to advance any other basis for suppression (see People v Kolon, 37 AD3d 340, 341 [2007], lv denied 8 NY3d 947 [2007]; People v Coleman, 191 AD2d 390, 392 [1993], affd 82 NY2d 415, 432-433 [1993]). Concur—Saxe, J.P., Sweeny, McGuire and Acosta, JJ.

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Judgment, Supreme Court, New York County (Carol Berkman, J., on motions; Rena K. Uviller, J., at plea and sentence), rendered September 21, 2005, convicting defendant of criminal possession of a controlled substance in the fourth degree, and sentencing him to a term of five years’ probation, unanimously affirmed.

The court properly denied defendant’s suppression motion without granting a hearing. Defendant’s vague and conclusory submission was insufficient either to raise a claim that he discarded the drugs at issue as a reaction to unlawful police conduct or to advance any other basis for suppression (see People v Kolon, 37 AD3d 340, 341 [2007], lv denied 8 NY3d 947 [2007]; People v Coleman, 191 AD2d 390, 392 [1993], affd 82 NY2d 415, 432-433 [1993]). Concur—Saxe, J.P., Sweeny, McGuire and Acosta, JJ.

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Bluebook (online)

50 A.D.3d 316, 854 N.Y.S.2d 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-marte-nyappdiv-2008.

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