From Casetext: Smarter Legal Research

People v. Lofton

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 3, 1987
129 A.D.2d 970 (N.Y. App. Div. 1987)

Opinion

April 3, 1987

Appeal from the Supreme Court, Erie County, Marshall, J.

Present — Callahan, J.P., Denman, Balio, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: The suppression court properly denied defendant Lofton's motion to suppress physical evidence without holding a hearing. An affidavit of defendant's counsel which does not state the sources of counsel's information and which merely contains conclusory allegations that an unconstitutional search had been conducted at the time of defendant's arrest is insufficient to raise a factual issue that would require a hearing (CPL 710.60, [3]; People v Alexander, 88 A.D.2d 749; People v Roberto H., 67 A.D.2d 549).

The claim of prosecutorial misconduct was not preserved for our review (CPL 470.05; People v Williams, 46 N.Y.2d 1070), and since the isolated remarks made during summation did not deprive defendants of a fair trial, reversal in the interests of justice is not warranted (CPL 470.15; People v Hopkins, 58 N.Y.2d 1079, 1083).


Summaries of

People v. Lofton

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 3, 1987
129 A.D.2d 970 (N.Y. App. Div. 1987)
Case details for

People v. Lofton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL LOFTON…

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

Date published: Apr 3, 1987

Citations

129 A.D.2d 970 (N.Y. App. Div. 1987)

Citing Cases

People v. Robinson

Memorandum: The court properly denied defendant's motion to suppress physical evidence without holding a…

People v. Fischer

The source or validity of her knowledge is a matter to be raised as an evidentiary defense at trial, and need…