People v Broadhead

People v Broadhead 2011 NY Slip Op 05563 Decided on June 28, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 28, 2011
Andrias, J.P., Friedman, Renwick, DeGrasse, Abdus-Salaam, JJ.
5453 9407/07

[*1]The People of the State of New York, Respondent,

v

Heallah Broadhead, Defendant-Appellant.



 
Steven Banks, The Legal Aid Society, New York (Justin
Diamant of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Ellen
Stanfield Friedman of counsel), for respondent.

Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered July 23, 2008, convicting defendant, after a jury trial, of two counts of grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations. We do not find the police account of the incident to be implausible.

The court properly denied defendant's suppression motion, without granting a hearing, because defendant's allegations failed to raise a legal basis for suppression (see People v Roldan, 37 AD3d 300 [2007], lv denied 9 NY3d 850 [2007]). The information provided by the People apprised defendant of the factual predicate for his arrest. Defendant's conclusory denials of suspicious behavior at the time of his arrest did not address that predicate or raise any factual dispute requiring a hearing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 28, 2011

CLERK