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PEOPLE v. MENDOZA

50 A.D.3d 478 (2008)

855 N.Y.S.2d 529

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SILVA MENDOZA, Appellant.

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

Decided April 22, 2008.

The court properly denied, without a hearing, defendant's motion to suppress contraband that correction officers discovered in his pocket during a search they conducted while defendant was an inmate at Rikers Island, since his factual allegations, even if accepted as true, would not have warranted a conclusion that the search was unreasonable (see CPL 710.60 [3]). While defendant's allegations may have stated a Fourth Amendment...

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