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People v. Innis

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1990
161 A.D.2d 730 (N.Y. App. Div. 1990)

Opinion

May 21, 1990

Appeal from the Supreme Court, Kings County (Rienzi, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's sole contention raised on appeal, we find no basis to disturb the Supreme Court's determination that the defendant was not entitled to a Mapp/Dunaway hearing. The allegations in the affirmation of his defense counsel were insufficient to raise an issue concerning the defendant's standing to challenge the search and seizure of the controlled substances and the handgun found in the codefendant's apartment (see, CPL 710.20; 710.60 [1], [3]; People v. Gomez, 67 N.Y.2d 843). Further, defense counsel "completely failed to set forth factual allegations with respect to [the defendant's] or the police officers' conduct" which would warrant a hearing (see, People v. Covington, 144 A.D.2d 238). Thompson, J.P., Bracken, Lawrence and Kunzeman, JJ., concur.


Summaries of

People v. Innis

Appellate Division of the Supreme Court of New York, Second Department
May 21, 1990
161 A.D.2d 730 (N.Y. App. Div. 1990)
Case details for

People v. Innis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS INNIS, Appellant

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

Date published: May 21, 1990

Citations

161 A.D.2d 730 (N.Y. App. Div. 1990)
555 N.Y.S.2d 865

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