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PEOPLE v. HIGHSMITH

2019-03621. Ind. No. 18-0021.

202 A.D.3d 993 (2022)

159 N.Y.S.3d 728

2022 NY Slip Op 01038

The People of the State of New York, Respondent, v. Coty Highsmith, Appellant.

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

Decided February 16, 2022.

Attorney(s) appearing for the Case

Marianne Karas , Thornwood, NY, for appellant.

Miriam E. Rocah , District Attorney, White Plains, NY ( Brian R. Pouliot and William C. Milaccio of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Ford and Dowling, JJ., concur.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the County Court did not err in denying, without a hearing, his supplemental omnibus motion to controvert a search warrant and suppress physical evidence seized in the execution thereof. The defendant's supporting papers were conclusory and failed to set forth factual allegations sufficient to warrant a hearing (see CPL 710.60[3][b]; People v Garay, 25 N.Y...

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