The court properly denied defendant's suppression motion without a hearing. Defendant was provided with detailed information about the basis for his arrest, including a felony complaint explicitly stating that defendant was observed discarding a quantity of drugs. Since defendant's motion failed to make any contrary allegations that would warrant suppression, there was no factual issue requiring a hearing (see, People v Mendoza,
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PEOPLE v. VARGAS
287 A.D.2d 342 (2001)
731 N.Y.S.2d 178
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT VARGAS, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided October 18, 2001.
Decided October 18, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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