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PEOPLE v. BURTON

16 A.D.3d 241 (2005)

790 N.Y.S.2d 871

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS BURTON, Appellant.

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

March 22, 2005

The court properly denied defendant's suppression motion without a hearing, since his factual allegations did not establish a legal basis for the motion (see CPL 710.60 [1], [3]; People v Mendoza, 82 N.Y.2d 415, 432-433 [1993]; People v Gomez, 67 N.Y.2d 843 [1986]). Although defendant necessarily had direct knowledge of the relevant facts, he did not sufficiently allege that he was...

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