People v. Speller

Appellate Division of the Supreme Court of New York

People v. Speller

25 A.D.3d 344, 808 N.Y.S.2d 645

Appellate Division of the Supreme Court of the State of New York·Decided January 5, 2006·Published

Opinion

Judgment, Supreme Court, New York County (Budd G. Goodman, J), rendered May 6, 2004, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

The court properly denied defendant’s suppression motion without a hearing, since his factual assertions were insufficient (see CPL 710.60 [1]; People v Mendoza, 82 NY2d 415 [1993]), as well as being contradicted by his own grand jury testimony (see People v Alexander, 272 AD2d 267 [2000], lv denied 95 NY2d 888 [2000]).

We perceive no basis for reducing the sentence. Concur— Buckley, P.J., Friedman, Marlow, Sullivan and Malone, JJ.

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Judgment, Supreme Court, New York County (Budd G. Goodman, J), rendered May 6, 2004, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

The court properly denied defendant’s suppression motion without a hearing, since his factual assertions were insufficient (see CPL 710.60 [1]; People v Mendoza, 82 NY2d 415 [1993]), as well as being contradicted by his own grand jury testimony (see People v Alexander, 272 AD2d 267 [2000], lv denied 95 NY2d 888 [2000]).

We perceive no basis for reducing the sentence. Concur— Buckley, P.J., Friedman, Marlow, Sullivan and Malone, JJ.

People v. Speller, 25 A.D.3d 344, 808 N.Y.S.2d 645 (N.Y. Ct. App. 2006).

Pincite

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Opinion

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