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People v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1987
129 A.D.2d 749 (N.Y. App. Div. 1987)

Opinion

April 20, 1987

Appeal from the County Court, Nassau County (Capilli, J.).


Ordered that the judgment is affirmed.

The defendant's application for a suppression hearing regarding certain physical evidence allegedly seized from him was properly denied because his supporting papers were conclusory and failed to state any facts in support of the motion. Thus, summary denial was proper (see, People v Washington, 106 A.D.2d 593; CPL 710.60, [3] [b]). Moreover, the People's papers in opposition revealed that, in fact, the evidence was found in a trash can and had not been seized from the defendant. Because the defendant failed to allege a possessory interest in the thing seized or the place searched, there was absolutely no basis upon which a hearing was warranted (see, People v Gomez, 67 N.Y.2d 843).

In addition, the evidence adduced at trial clearly indicated that the defendant unlawfully entered a building with the intent to commit a crime therein and, therefore, the conviction of burglary in the third degree was proper (see, Penal Law § 140.00).

We have reviewed the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Thompson, J.P., Weinstein, Kunzeman and Harwood, JJ., concur.


Summaries of

People v. Stevens

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1987
129 A.D.2d 749 (N.Y. App. Div. 1987)
Case details for

People v. Stevens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE T. STEVENS…

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

Date published: Apr 20, 1987

Citations

129 A.D.2d 749 (N.Y. App. Div. 1987)

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