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PEOPLE v. BURNS

221 A.D.2d 262 (1995)

635 N.Y.S.2d 463

The People of the State of New York, Respondent, v. Patrick Burns, Appellant

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

November 28, 1995

Defendant's motion to suppress physical evidence was properly denied without a hearing since his motion papers failed to address his conduct at the time of the alleged undercover sale and were otherwise conclusory (People v Mendoza, 82 N.Y.2d 415, 428-429, 430-431). Also conclusory, and therefore not warranting a hearing, was defendant's claim that a prior conviction was obtained in violation of his right to the effective assistance...

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