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People v. Struss

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 2004
11 A.D.3d 715 (N.Y. App. Div. 2004)

Opinion

2003-01277C

October 25, 2004.

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.) rendered January 17, 2003, convicting him of criminal possession of a controlled substance in the second degree and criminal possession of a controlled substance 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.

Before: H. Miller, J.P., S. Miller, Krausman and Goldstein, JJ., concur.


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 NY2d 415; People v. Grimaldi, 304 AD2d 589; People v. Hamilton, 297 AD2d 289).

The defendant's remaining contention is without merit.


Summaries of

People v. Struss

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 2004
11 A.D.3d 715 (N.Y. App. Div. 2004)
Case details for

People v. Struss

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY STRUSS…

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

Date published: Oct 25, 2004

Citations

11 A.D.3d 715 (N.Y. App. Div. 2004)
782 N.Y.S.2d 921