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PEOPLE v. SPELLER

25 A.D.3d 344 (2006)

808 N.Y.S.2d 645

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. UNIQUE SPELLER, Appellant.

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

January 5, 2006.

The court properly denied defendant's suppression motion without a hearing, since his factual assertions were insufficient (see CPL 710.60 [1]; People v Mendoza, 82 N.Y.2d 415 [1993]), as well as being contradicted by his own grand jury testimony (see People v Alexander, 272 A.D.2d 267 [2000], lv denied 95 N.Y.2d 888 [2000]).

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