People v Vermont

People v Vermont 2012 NY Slip Op 04936 Decided on June 19, 2012 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 19, 2012
Sweeny, J.P., Catterson, Acosta, Freedman, Román, JJ.
7972 2157/08

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

v

Bryan Vermont, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Paul Wiener
of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Patricia
Curran of counsel), for respondent.

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered October 19, 2009, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the seventh degree, and sentencing him to a term of 90 days, unanimously affirmed.

The court properly denied defendant's suppression motion without granting a hearing. Defendant's allegations failed to raise a legal basis for suppression (see People v Burton, 6 NY3d 584, 587 [2006]). The information provided by the People apprised defendant that his arrest was based on an undercover drug sale. Defendant's assertion that he "had not committed any act which justified his arrest" was insufficiently specific to address the alleged sale or raise any factual dispute requiring a
hearing (see e.g. People v Bonnet, 288 AD2d 161, 162 [2001], lv denied 97 NY2d 751 [2002]; People v Hernandez, 283 AD2d 190 [2001], lv denied 97 NY2d 641 [2001]).

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

ENTERED: JUNE 19, 2012

DEPUTY CLERK