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People v. Robinson

154 A.D.2d 931 Court N.Y. App. Div. Decision date 1989-10-06 Docket Appeal No. 1 English

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p. 931
The People of the State of New York, Respondent, v Hurley Robinson, Appellant.
(Appeal No. 1.)

Judgment unanimously affirmed. Memorandum: The court properly denied defendant’s motion to suppress physical evidence without holding a hearing (see, CPL 710.60 [3] [b]). An affidavit of defendant’s counsel which merely contains conclusory allegations that an unconstitutional search had been conducted at the time of defendant’s arrest is insufficient to raise a factual issue that would require a hearing (see, CPL 710.60 [1]; People v Reynolds, 71 NY2d 552 , 558; People v Lofton, 129 AD2d 970 , lv denied 70 NY2d 650 ; People v Alexander, 88 AD2d 749 ;

p. 932
People v Reynolds, 71 AD2d 1008 ). (Appeal from judgment of Monroe County Court, Maloy, J. — burglary, third degree, and other charges.) Present — Dillon, P. J., Callahan, Boomer, Balio and Lawton, JJ.

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