Opinion
No. 2936 Ind No. 1451/17 Case No. 2018-2387
10-31-2024
The People of the State of New York, Respondent, v. Feliks Kayumov, Defendant-Appellant.
Twyla Carter, The Legal Aid Society, New York (Ying-Ying Ma of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Hunter Baehren of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Ying-Ying Ma of counsel), for appellant.
Alvin L. Bragg, Jr., District Attorney, New York (Hunter Baehren of counsel), for respondent.
Before: Manzanet-Daniels, J.P., Friedman, Gesmer, Shulman, Michael, JJ.
Judgment, Supreme Court, New York County (Laura E. Ward, J. at suppression motion; Ellen N. Biben, J. at plea and sentencing), rendered January 12, 2018, convicting defendant, upon his plea of guilty, of attempted robbery in the second degree, and sentencing him to a term of three years to be followed by two years of postrelease supervision, unanimously affirmed.
The factual allegations set forth in defendant's suppression motion were insufficient to warrant a Dunaway / Mapp hearing. Although the felony complaint, indictment, voluntary disclosure form, arraignment transcript, and search warrant affidavit disclosed to defendant provided him with "detailed information about the sequence of events leading up to his arrest" (People v Lawson-Varsier, 138 A.D.3d 486, 487 [1st Dept 2016]; see also People v Roberts, 23 A.D.3d 245, 245-246 [1st Dept 2005], lv denied 6 N.Y.3d 817 [2006]), he failed to controvert the specific information provided by the People or to establish any other basis for suppression (see People v Jones, 95 N.Y.2d 721, 729 [2001]; see generally People v Mendoza, 82 N.Y.2d 415, 426 [1993]).