PEOPLE v. WILLIAMS


283 A.D.2d 168 (2001)

724 N.Y.S.2d 589

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANNY WILLIAMS, Appellant.

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

Decided May 1, 2001.


Defendant's motion to suppress physical evidence was properly denied without a hearing (see, People v Mendoza, 82 N.Y.2d 415). Under CPL 710.60 (3) (b), a court may summarily deny a motion to suppress physical evidence if "[t]he sworn allegations of fact do not as a matter of law support the ground alleged." Here, the motion court correctly determined that in light of the explicit claim, attributed to defendant himself, that he never...

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