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

Appellate Division of the Supreme Court of the State of New York·Decided November 28, 1995·Published

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.

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

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