People v. Bavisotto

3 Citing cases

  1. People v. Araujo

    101 A.D.3d 741 (N.Y. App. Div. 2012)   Cited 6 times

    The Supreme Court properly denied, without a hearing, that branch of the defendant's omnibus motion which was to suppress evidence obtained pursuant to an eavesdropping warrant. The defendant's conclusory, unsupported assertion that the detective made materially false representations in his affidavit supporting the application for an eavesdropping warrant is insufficient to trigger the need for a hearing ( see Franks v. Delaware, 438 U.S. 154, 171, 98 S.Ct. 2674, 57 L.Ed.2d 667;People v. Bavisotto, 179 A.D.2d 1055, 580 N.Y.S.2d 915;People v. Maucieri, 125 A.D.2d 600, 601, 509 N.Y.S.2d 428). Contrary to the People's contention, the defendant's contention that the evidence was legally insufficient to support her conviction of attempted robbery in the third degree is preserved for appellate review ( seeCPL 470.05[2] ). Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), it was legally sufficient to establish the defendant's guilt of attempted robbery in the second degree ( seePenal Law §§ 110.00, 160.10 [1] ) and attempted robbery in the third degree ( seePenal Law §§ 110.00, 160.05) beyond a reasonable doubt.

  2. People v. Adams

    2 Misc. 3d 166 (N.Y. Dist. Ct. 2003)

    Mere allegation of perjury is insufficient to trigger a hearing; rather, enough factual showing as to raise a bona fide issue of fact requiring a hearing to resolve must support the allegation. (People v Bavisotto, 179 AD2d 1055 [4th Dept 1992]; People v Dunn, 155 AD2d 75 [4th Dept 1990].) The defendant's motion must offer "sufficient proof demonstrating that the warrant affidavit was suspect" on a material point in order to garner a hearing. (People v Villanueva, 161 AD2d 552, 553 [1st Dept 1990].)

  3. People v. Adams

    2 Misc. 3d 166 (N.Y. Cnty. Ct. 2003)

    Mere allegation of perjury is insufficient to trigger a hearing; rather, enough factual showing as to raise a bona fide issue of fact requiring a hearing to resolve must support the allegation. People v. Bavisotto, 179 A.D.2d 1055, 580 N.Y.S.2d 915 (4th Dept., 1992) and People v. Dunn, 155 A.D.2d 75, 553 N.Y.S.2d 257 (4th Dept., 1990). The defendant's motion must offer "sufficient proof demonstrating that the warrant affidavit was suspect" on a material point in order to garner a hearing.