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People v. Vega

Appellate Division of the Supreme Court of New York, First Department
Dec 6, 1994
210 A.D.2d 41 (N.Y. App. Div. 1994)

Opinion

December 6, 1994

Appeal from the Supreme Court, New York County (Clifford Scott, J.).


Summary denial of defendant's motion to suppress identification testimony was proper, the People having made a sufficient showing, based on defendant's own statement to the police of having seen and spoken to the witness only hours before the crime, of a prior relationship between the two rendering the witness impervious to police suggestion (People v Rodriguez, 79 N.Y.2d 445, 452). Defendant's motion to suppress tangible evidence was also properly denied without a hearing for failure to set forth facts relating to the alleged warrantless search of his home and concerning which he presumably had personal knowledge (see, People v Mendoza, 82 N.Y.2d 415, 427), and his boilerplate allegations of warrantless search did not otherwise "as a matter of law support the ground alleged" (CPL 710.60 [b]).

Concur — Wallach, J.P., Kupferman, Ross, Asch and Rubin, JJ.


Summaries of

People v. Vega

Appellate Division of the Supreme Court of New York, First Department
Dec 6, 1994
210 A.D.2d 41 (N.Y. App. Div. 1994)
Case details for

People v. Vega

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIEGO VEGA, Appellant

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

Date published: Dec 6, 1994

Citations

210 A.D.2d 41 (N.Y. App. Div. 1994)
619 N.Y.S.2d 567

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