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People v. Williams

248 A.D.2d 238 Court N.Y. App. Div. Decision date 1998-03-17 English

Judges Concur — Sullivan, J. P., Milonas, Rosenberger and Andrias, JJ.

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p. 238
The People of the State of New York, Respondent, v Kelvin Williams, Appellant.
[671 NYS2d 211]

—Judgment, Supreme Court, New York County (Alfred Donati, J.), rendered December 20, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 8 to 16 years, unanimously affirmed.

Summary denial of defendant’s suppression motion was proper since defendant merely offered legal conclusions, which were insufficient to warrant a hearing (see, People v Mendoza, 82 NY2d 415 ; People v Williams, 228 AD2d 268 , Iv denied 88 NY2d 996 ). Defendant never addressed the alleged sale described in the felony complaint and voluntary disclosure materials.

The court’s Batson rulings were proper. A trial court’s findings regarding pretext are entitled to great deference on appeal (People v Hernandez, 75 NY2d 350 , affd 500 US 352 ; People v Wint, 237 AD2d 195 , Iv denied 89 NY2d 1103 ) and we find no reason to disturb them herein.

We perceive no abuse of sentencing discretion.

Concur — Sullivan, J. P., Milonas, Rosenberger and Andrias, JJ.

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