People v. Patrick Burns

Appellate Division of the Supreme Court of New York

People v. Patrick Burns

221 A.D.2d 262, 635 N.Y.S.2d 463, 1995 N.Y. App. Div. LEXIS 12183

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

DecidedNovember 28, 1995

StatusPublished

This text of 221 A.D.2d 262 (People v. Patrick Burns) 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. Patrick Burns, 221 A.D.2d 262, 635 N.Y.S.2d 463, 1995 N.Y. App. Div. LEXIS 12183 (N.Y. Ct. App. 1995).

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Opinion

Judgment, Supreme Court, New York County (Bernard Fried, J., at suppression hearing; Juanita Bing Newton, J., at plea and sentence), rendered January 18, 1994, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant’s motion to suppress physical evidence was properly denied without a hearing since his motion papers failed to address his conduct at the time of the alleged undercover sale and were otherwise conclusory (People v Mendoza, 82 NY2d 415, 428-429, 430-431). Also conclusory, and therefore not warranting a hearing, was defendant’s claim that a prior conviction was obtained in violation of his right to the effective assistance of counsel (People v Harris, 61 NY2d 9, 15; People v Polanco, 192 AD2d 393). Concur—Rosenberger, J. P., Rubin, Kupferman, Asch and Mazzarelli, JJ.

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Judgment, Supreme Court, New York County (Bernard Fried, J., at suppression hearing; Juanita Bing Newton, J., at plea and sentence), rendered January 18, 1994, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

Defendant’s motion to suppress physical evidence was properly denied without a hearing since his motion papers failed to address his conduct at the time of the alleged undercover sale and were otherwise conclusory (People v Mendoza, 82 NY2d 415, 428-429, 430-431). Also conclusory, and therefore not warranting a hearing, was defendant’s claim that a prior conviction was obtained in violation of his right to the effective assistance of counsel (People v Harris, 61 NY2d 9, 15; People v Polanco, 192 AD2d 393). Concur—Rosenberger, J. P., Rubin, Kupferman, Asch and Mazzarelli, JJ.

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Bluebook (online)

221 A.D.2d 262, 635 N.Y.S.2d 463, 1995 N.Y. App. Div. LEXIS 12183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-patrick-burns-nyappdiv-1995.

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