Majority
p. 516The People of the State of New York, Respondent, v Fred Fair, Appellant. [643 NYS2d 1009]
p. 517
We reject the defendant’s contention that the court erred by denying, without a hearing, that branch of his omnibus motion which was for suppression of physical evidence. The defendant’s moving papers failed to allege sufficient facts to support a legal basis for the branch of his motion in question (see, CPL 710.60 [3]; People v Mendoza, 82 NY2d 415 ; People v Chavous, 204 AD2d 475 ).
The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 ).
The defendant’s remaining contentions are unpreserved for appellate review (see, CPL 470.05 [2]; People v Medina, 53 NY2d 951 ) and, in any event, are without merit (see, People v Byrd, 214 AD2d 581 ). Miller, J. P., Copertino, Santucci and Altman, JJ., concur.
Cases cited
- People v. Mendoza 82 NY2d 415 p. 517
- People v. Chavous 204 AD2d 475 p. 517
- People v. Suitte 90 AD2d 80 p. 517
- People v. Medina 53 NY2d 951 p. 517