People v. Williams

248 A.D.2d 238, 671 N.Y.S.2d 211, 1998 N.Y. App. Div. LEXIS 2606

Opinion

—Judgment, Supreme Court, New York County (Alfred Donati, J.), rendered December 20, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 8 to 16 years, unanimously affirmed.

Summary denial of defendant’s suppression motion was proper since defendant merely offered legal conclusions, which were insufficient to warrant a hearing (see, People v Mendoza, 82 NY2d 415; People v Williams, 228 AD2d 268, Iv denied 88 NY2d 996). Defendant never addressed the alleged sale described in the felony complaint and voluntary disclosure materials.

The court’s Batson rulings were proper. A trial court’s findings regarding pretext are entitled to great deference on appeal (People v Hernandez, 75 NY2d 350, affd 500 US 352; People v Wint, 237 AD2d 195, Iv denied 89 NY2d 1103) and we find no reason to disturb them herein.

We perceive no abuse of sentencing discretion.

Concur — Sullivan, J. P., Milonas, Rosenberger and Andrias, JJ.