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People v. Fair

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 516 (N.Y. App. Div. 1996)

Opinion

June 10, 1996

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


Ordered that the judgment is affirmed.

We reject the defendant's contention that the court erred by denying, without a hearing, that branch of his omnibus motion which was for suppression of physical evidence. The defendant's moving papers failed to allege sufficient facts to support a legal basis for the branch of his motion in question (see, CPL 710.60; People v. Mendoza, 82 N.Y.2d 415; People v. Chavous, 204 A.D.2d 475).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05; People v. Medina, 53 N.Y.2d 951) and, in any event, are without merit (see, People v Byrd, 214 A.D.2d 581). Miller, J.P., Copertino, Santucci and Altman, JJ., concur.


Summaries of

People v. Fair

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 516 (N.Y. App. Div. 1996)
Case details for

People v. Fair

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRED FAIR, Appellant

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

Date published: Jun 10, 1996

Citations

228 A.D.2d 516 (N.Y. App. Div. 1996)
643 N.Y.S.2d 1009