People v. Long

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC LONG…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Nov 25, 2009

2009 N.Y. Slip Op. 52390 (N.Y. App. Term 2009)

Opinion

570323/07.

Decided November 25, 2009.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James M. Burke, J.), rendered April 26, 2007, convicting him, upon a plea of guilty, of petit larceny, and imposing sentence.

Judgment of conviction (James M. Burke, J.), rendered April 26, 2007, affirmed.

PRESENT: McKeon, P.J., Shulman, Hunter, JJ.

PER CURIAM.

Defendant's request to suppress merchandise recovered by a store security guard was properly denied without a hearing because defendant, despite access to relevant information and ample opportunity, "failed to allege facts raising an issue as to state action" ( People v Manrique, 57 AD3d 265, 265, lv denied 12 NY3d 760).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.