Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered January 14, 2015. The appeal was held by this Court by order entered March 19, 2021, decision was reserved and the matter was remitted to Supreme Court, Monroe County, for further proceedings (192 A.D.3d 1539 [4th Dept 2021]). The proceedings were held and completed.
The racial characteristics of the perpetrators were not relied upon by the officers who pursued and stopped defendant, thus defendant's allegations did not contravene any of the information possessed by the officers. Therefore, in his moving papers, defendant failed to "raise a factual dispute on a material point which must be resolved before the court [could] decide the legal issue" ( People v. White , 192 A.D.3d 1539, 1539, 140 N.Y.S.3d 843 [4th Dept. 2021] [internal quotation marks omitted]; seeMendoza , 82 N.Y.2d at 422, 604 N.Y.S.2d 922, 624 N.E.2d 1017 ; People v. Davis , 142 A.D.3d 1387, 1387, 38 N.Y.S.3d 359 [4th Dept. 2016], lv denied 28 N.Y.3d 1144, 52 N.Y.S.3d 296, 74 N.E.3d 681 [2017] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. Memorandum: We previously held this case, reserved decision and remitted the matter to Supreme Court to conduct a suppression hearing, and we rejected defendant's remaining contentions ( People v. White , 192 A.D.3d 1539, 140 N.Y.S.3d 843 [4th Dept. 2021] ). Upon remittal, after a hearing the court determined that the detention of defendant by the police in a patrol car and the securing of defendant's cell phone was lawful, and the court therefore refused to suppress evidence arising from defendant's detention.