People v Long (Eric)

[*1] People v Long (Eric) 2009 NY Slip Op 52390(U) [25 Misc 3d 139(A)] Decided on November 25, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 25, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Shulman, Hunter, JJ
570323/07.

The People of the State of New York, Respondent,

against

Eric Long, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (James M. Burke, J.), rendered April 26, 2007, convicting him, upon a plea of guilty, of petit larceny, and imposing sentence.

Per Curiam.

Judgment of conviction (James M. Burke, J.), rendered April 26, 2007, affirmed.

Defendant's request to suppress merchandise recovered by a store security guard was properly denied without a hearing because defendant, despite access to relevant information and ample opportunity, "failed to allege facts raising an issue as to state action" (People v Manrique, 57 AD3d 265, 265 [2008], lv denied 12 NY3d 760 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 25, 2009