PEOPLE v. LONG (2007)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Cynthia LONG, Appellant.

Decided: June 12, 2007

Center for Appellate Litigation, New York City (Robert S. Dean of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York City (Tracy L. Conn and Mark Dwyer of counsel), for respondent.

OPINION OF THE COURT

The order of the Appellate Division should be affirmed. Supreme Court properly denied defendant's motion for a Mapp/Dunaway hearing in light of defendant's failure to raise a factual dispute as to reasonable suspicion for her detention and subsequent arrest. “[T]he sufficiency of defendant's factual allegations should be evaluated by (1) the face of the pleadings, (2) assessed in conjunction with the context of the motion, and (3) defendant's access to information” (People v. Mendoza, 82 N.Y.2d 415, 426, 604 N.Y.S.2d 922, 624 N.E.2d 1017 [1993]; see also People v. Lopez, 5 N.Y.3d 753, 754, 801 N.Y.S.2d 245, 834 N.E.2d 1255 [2005] ). Under the circumstances of this case, defendant had ample access to relevant information regarding the factual predicate for her arrest, including access to the People's “write-up” of her conduct which the court read to her and her counsel at arraignment. Defendant failed to specifically challenge the identified informant's basis of knowledge in her suppression motion (cf. People v. Bryant, 8 N.Y.3d 530, 534, 838 N.Y.S.2d 7, 869 N.E.2d 7).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed in a memorandum.

MEMORANDUM.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

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