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People v. Walker

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1995
216 A.D.2d 144 (N.Y. App. Div. 1995)

Opinion

June 22, 1995

Appeal from the Supreme Court, New York County, Clifford Scott, J., Patricia Williams, J.


Defendant's motion to suppress tangible evidence was properly denied without a Mapp hearing since his motion papers contained only legal conclusions and conclusory allegations that failed to show that the evidence was unlawfully seized ( People v. Moore, 213 A.D.2d 352; People v. Dekle, 192 A.D.2d 471, lv denied 81 N.Y.2d 1072).

No further allegations of fact in support of this motion were proffered by defendant after the conclusion of the hearing on his motion to suppress statements.

Defendant, who entered a guilty plea without any sentencing promise from the court, has failed to provide any evidence, either in the Supreme Court or on appeal, that the imposition of the mandatory felony surcharge would work an unreasonable hardship upon him or his family as required by statute (CPL 420.35; see, People v. Rada, 160 A.D.2d 552, 553; People v Lewis, 134 A.D.2d 286). As a result, there is no basis for this Court to conclude that the surcharge was improperly imposed.

Concur — Rosenberger, J.P., Ellerin, Kupferman, Tom and Mazzarelli, JJ.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1995
216 A.D.2d 144 (N.Y. App. Div. 1995)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEN WALKER, Appellant

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

Date published: Jun 22, 1995

Citations

216 A.D.2d 144 (N.Y. App. Div. 1995)
628 N.Y.S.2d 1012