Opinion
1472
June 19, 2003.
Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered October 20, 1999, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.
Ellen Sue Handman, for respondent.
Laura Lieberman Cohen, for defendant-appellant.
Before: Nardelli, J.P., Tom, Rosenberger, Gonzalez, JJ.
The court properly denied defendant's suppression motion without holding a Mapp/Dunaway hearing. Although the People's voluntary disclosure form clearly indicated that the predicate for defendant's arrest was an officer's observation of an apparent drug transaction, which was described in detail, defendant's moving papers failed to address this information (see People v. Jones, 95 N.Y.2d 721; People v. Mendoza, 82 N.Y.2d 415) or otherwise supply information sufficient to raise an issue of fact. We have considered and rejected defendant's remaining arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.