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PEOPLE v. LOPEZ

5 N.Y.3d 753 (2005)

834 N.E.2d 1255

801 N.Y.S.2d 245

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

Court of Appeals of the State of New York.

Decided June 30, 2005.

Attorney(s) appearing for the Case

Office of Appellate Defender, New York City (Daniel A. Warshawsky and Richard M. Greenberg of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Frank Glaser and Sylvia Wertheimer of counsel), for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The suppression court did not commit reversible error in denying the Mapp/Dunaway portion of defendant's suppression motion without a hearing. Given "(1) the face of the pleadings, (2) assessed in conjunction with the context of the motion, and (3) defendant's access to information," defendant's allegations...

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