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PEOPLE v. TOXEY

220 A.D.2d 204 (1995)

631 N.Y.S.2d 846

The People of the State of New York, Respondent, v. Anthony Toxey, Appellant

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

October 3, 1995

Defendant's motion to suppress statements allegedly obtained as fruit of an unlawful arrest was properly denied without a hearing since his conclusory allegations that the statements were taken in violation of the United States and New York Constitutions and CPL 710.30 were insufficient to raise an issue of fact as to the lawfulness of the arrest (CPL 710.60 [3] [b]). The statutory prohibition against summary denial of a motion...

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