People v Walter Beasley

People v Beasley 2005 NY Slip Op 09248 [24 AD3d 155] December 6, 2005 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

The People of the State of New York, Respondent,
v
Walter Beasley, Appellant.

—[*1]Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered September 2, 2003, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, unanimously affirmed.

Defendant made insufficient factual allegations to warrant a hearing on his motion to suppress evidence (see People v Valentino, 254 AD2d 185 [1998], lv denied 92 NY2d 1054 [1999]). Defendant did not allege facts establishing state action of any kind, or a reasonable expectation of privacy, and there were no disputed factual issues warranting a hearing. Moreover, defendant made no additional submissions despite the court's invitation to do so.

We perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Marlow, Williams, Sweeny and Catterson, JJ.