Opinion
1253
May 29, 2003.
Judgment, Supreme Court, New York County (Carol Berkman, J. at suppression motion; Dorothy Cropper, J. at plea and sentence), rendered March 13, 2000, convicting defendant of assault in the second degree, and sentencing him, as a second felony offender, to a term of 4 years, unanimously affirmed.
Tami J. Aisenson, for respondent.
Michelle Fox, for defendant-appellant.
Before: Nardelli, J.P., Saxe, Sullivan, Wallach, Williams, JJ.
The court properly denied defendant's suppression motion without a hearing. The totality of the record, with particular reference to the motion court's colloquy with counsel concerning the facts of the case, establishes that defendant's allegations were insufficient, in light of his access to relevant information, to raise a factual issue warranting a hearing (see People v. Jones, 95 N.Y.2d 721, 728-729, People v. Soto, 284 A.D.2d 158, lv denied 96 N.Y.2d 924; People v. Rosario, 245 A.D.2d 151,lv denied 91 N.Y.2d 896).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.