People v. Perez

Appellate Division of the Supreme Court of New York

People v. Perez

258 A.D.2d 637, 682 N.Y.S.2d 906

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

DecidedJanuary 19, 1999

StatusPublished

Cited by2 cases

This text of 258 A.D.2d 637 (People v. Perez) 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. Perez, 258 A.D.2d 637, 682 N.Y.S.2d 906 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Appeal by the [638]*638defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered January 2, 1996, convicting him of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in or near school grounds, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The court properly denied, without a hearing, that branch of the defendant’s omnibus motion which was to suppress physical evidence. The defendant failed to make sufficient factual allegations of standing to contest the search (see, People v Parker, 245 AD2d 313; see also, People v Mendoza, 82 NY2d 415).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contention is unpreserved for appellate review (see, CPL 470.05 [2]; People v Smith, 222 AD2d 535), and, in any event, without merit. Bracken, J. P., O’Brien, Sullivan and Goldstein, JJ., concur.

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