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PEOPLE v. SMITH

2007-00778

69 A.D.3d 657 (2010)

891 N.Y.S.2d 294

2010 NY Slip Op 182

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KIMARK SMITH, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 5, 2010.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied, without a hearing, that branch of his omnibus motion which was to suppress physical evidence (see People v Montero, 44 A.D.3d 796 [2007]). The defendant's supporting papers were conclusory and failed to set forth factual allegations sufficient to warrant such a hearing (see CPL 710.60 [3] [b]; People...

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