Opinion
2001-11047
Argued March 21, 2003.
April 7, 2003.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Mullen, J.), rendered December 12, 2001, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Theodore W. Robinson, Mineola, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green and Cameron Kenny of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., THOMAS A. ADAMS, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
In support of that branch of the defendant's omnibus motion which was to suppress physical evidence, the defendant failed to raise a factual dispute requiring a hearing (see People v. Mendoza, 82 N.Y.2d 415, 432-33; People v. Reynolds, 71 N.Y.2d 552; People v. Smith, 212 A.D.2d 552; People v. Arroya, 268 A.D.2d 287). Thus, the Supreme Court properly summarily denied that branch of the defendant's omnibus motion (see CPL 710.60, [3] [b]).
The defendant's remaining contentions are without merit.
SANTUCCI, J.P., ADAMS, COZIER and RIVERA, JJ., concur.