PEOPLE v. PEREZ


37 A.D.3d 152 (2007)

829 N.Y.S.2d 61

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTURO PEREZ, Appellant.

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

Decided February 1, 2007.


The motion court properly denied defendant's request for a Dunaway/Mapp hearing, since he failed to proffer sworn allegations of fact raising issues concerning the factual allegations contained in the felony complaint, voluntary disclosure form, and indictment that the police arrested him based upon the complainant's in-person report and spontaneous identification of him during a canvass of the neighborhood, and that the physical evidence was recovered as a result...

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