People v. Turner

250 A.D.2d 409, 672 N.Y.S.2d 695, 1998 N.Y. App. Div. LEXIS 5419

Opinion

—Judgment, Supreme Court, New York County (Richard Andrias, J., on summary denial of motion for Mapp hearing; Charles Tejada, J., at jury trial and sentence), rendered July 8, 1993, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3V2 to 7 years, unanimously affirmed.

Since defendant’s motion papers did not set forth sufficient “ ‘sworn allegations of fact’ ” to support his claim that the weapon was recovered as a result of an illegal seizure of his person, and defendant declined the opportunity offered by the motion court, to cure this defect, denial of the motion without a hearing was appropriate (People v Mendoza, 82 NY2d 415, 421; CPL 710.60 [3] [b]). Concur — Sullivan, J. P., Rosenberger, Nardelli and Rubin, JJ.