PEOPLE v. NIXON


126 A.D.2d 963 (1987)

The People of the State of New York, Respondent, v. Elijah Nixon, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 23, 1987


Judgment unanimously affirmed.

Memorandum:

We agree with the suppression court that defendant, in his moving papers, failed to present sworn statements of fact supporting the grounds alleged as the basis for suppression of the items seized pursuant to the search warrant (see, CPL 710.60 [3] [b]). Moreover, defendant was given the opportunity to supply this omission but failed to do so. We have reviewed defendant's other contentions and we conclude that...

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