PEOPLE v. MARTE (2008)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Coss MARTE, Defendant-Appellant.

Decided: April 03, 2008

SAXE, J.P., SWEENY, McGUIRE, ACOSTA, JJ.

Steven Banks, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Sheila O'Shea of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J. on motions; Rena K. Uviller, J. at plea and sentence), rendered September 21, 2005, convicting defendant of criminal possession of a controlled substance in the fourth degree, and sentencing him to a term of 5 years' probation, unanimously affirmed.

The court properly denied defendant's suppression motion without granting a hearing. Defendant's vague and conclusory submission was insufficient either to raise a claim that he discarded the drugs at issue as a reaction to unlawful police conduct or to advance any other basis for suppression (see People v. Kolon, 37 A.D.3d 340, 341, 830 N.Y.S.2d 539 [2007], lv. denied 8 N.Y.3d 947, 836 N.Y.S.2d 557, 868 N.E.2d 240 [2007]; People v. Coleman, 191 A.D.2d 390, 392, 595 N.Y.S.2d 431 [1993], affd. 82 N.Y.2d 415, 432-433, 604 N.Y.S.2d 922, 624 N.E.2d 1017 [1993] ).

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