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PEOPLE v. LOPEZ

13 A.D.3d 152 (2004)

789 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELVIS LOPEZ, Appellant.

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

December 14, 2004.

The court properly denied the Mapp/Dunaway portion of defendant's suppression motion without a hearing since defendant's papers did not raise an issue of fact as to probable cause for his arrest (see People v Mendoza, 82 N.Y.2d 415 [1993]). Defendant's assertions of innocent conduct at the time of his arrest did not controvert the specific information that was provided by the People concerning the basis for that arrest, as...

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