PEOPLE v. LOPEZ (2005)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Elvis LOPEZ, Appellant.

Decided: June 30, 2005

Office of Appellate Defender, New York City (Daniel A. Warshawsky and Richard M. Greenberg of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York City (Frank Glaser and Sylvia Wertheimer of counsel), for respondent.

OPINION OF THE COURT

The order of the Appellate Division should be affirmed.

The suppression court did not commit reversible error in denying the Mapp/Dunaway portion of defendant's suppression motion without a hearing. Given “(1) the face of the pleadings, (2) assessed in conjunction with the context of the motion, and (3) defendant's access to information,” defendant's allegations in support of his motion were too conclusory to warrant a hearing (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. Jones, 95 N.Y.2d 721, 728-729, 723 N.Y.S.2d 761, 746 N.E.2d 1053 [2001] ). Defendant gave a written postarrest statement, disclosed to him with the People's voluntary disclosure form, that describes events very close in time and place to one of the charged crimes. The statement says that “one of the officers was with” one of the robbery victims, “so I knew they were looking for us, so I ran,” and also that, before his arrest, defendant threw a gun away. The statement on its face shows probable cause for defendant's arrest, and defendant failed to controvert it in his motion papers.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

MEMORANDUM.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network