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People v. Perez

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1999
257 A.D.2d 637 (N.Y. App. Div. 1999)

Opinion

January 19, 1999.

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


Ordered that the judgment is affirmed.

The court properly denied, without a hearing, that branch of the defendant's omnibus motion which was to suppress physical evidence. The defendant failed to make sufficient factual allegations of standing to contest the search ( see, People v. Parker, 245 A.D.2d 313; see also, People v. Mendoza; 82 N.Y.2d 415).

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

The defendant's remaining contention is unpreserved for appellate review ( see, CPL 470.05; People v. Smith, 222 A.D.2d 535), and, in any event, without merit.

Bracken, J.P., O'Brien, Sullivan and Goldstein, JJ., concur.


Summaries of

People v. Perez

Appellate Division of the Supreme Court of New York, Second Department
Jan 19, 1999
257 A.D.2d 637 (N.Y. App. Div. 1999)
Case details for

People v. Perez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCISCO PEREZ…

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

Date published: Jan 19, 1999

Citations

257 A.D.2d 637 (N.Y. App. Div. 1999)
682 N.Y.S.2d 906

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