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People v. Baez

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1994
205 A.D.2d 695 (N.Y. App. Div. 1994)

Opinion

June 20, 1994

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


Ordered that the judgment is affirmed.

The defendant waived his right to seek appellate review of the denial of his motion for a severance as a result of his guilty plea (People v. Flagg, 155 A.D.2d 552; People v. Decker, 135 A.D.2d 920). Further, the court properly denied the defendant's motion to suppress physical evidence, without a hearing, since his supporting papers were conclusory and failed to set forth any factual allegations with respect to his or the police officer's conduct (see, CPL 710.60; People v. Reynolds, 71 N.Y.2d 552; Matter of George J., 187 A.D.2d 427, affd 82 N.Y.2d 415; People v. Scott, 182 A.D.2d 649).

Finally, the sentence imposed was appropriate, notwithstanding the fact that the defendant's accomplices received lesser sentences (see, People v. Flagg, supra; see also, People v Kazepis, 101 A.D.2d 816). Rosenblatt, J.P., Ritter, Goldstein and Florio, JJ., concur.


Summaries of

People v. Baez

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1994
205 A.D.2d 695 (N.Y. App. Div. 1994)
Case details for

People v. Baez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCO J. BAEZ…

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

Date published: Jun 20, 1994

Citations

205 A.D.2d 695 (N.Y. App. Div. 1994)
614 N.Y.S.2d 303

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