Opinion
No. 4618.
November 20, 2008.
Judgment, Supreme Court, New York County (Carol Berkman, J., on motions; Daniel P. FitzGerald, J., at plea and sentence), rendered April 12, 2007, convicting defendant of criminal possession of a forged instrument, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Paula-Rose Stark of counsel), for respondent.
Lippman, P.J., Mazzarelli, Buckley, McGuire and DeGrasse, JJ.
The motion court properly denied, without granting a hearing, defendant's motion to suppress physical evidence. The allegations in defendant's moving papers, when considered in the context of the detailed information provided to defendant, were insufficient to create a factual dispute requiring a hearing ( compare People v Long, 36 AD3d 132, affd 8 NY3d 1014, with People v Bryant, 8 NY3d 530, 533-534). The discovery information set forth, in detail, a sequence of events leading up to a valid search, pursuant to the automobile exception ( see People v Cruz, 7 AD3d 335, lv denied 3 NY3d 672), of the car in which defendant was riding, and defendant failed to "either controvert the specific information that was provided by the People . . . or to provide any other basis for suppression" ( People v Arokium, 33 AD3d 458, 459, lv denied 8 NY3d 878).