PEOPLE v. COX (2007)

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered December 1, 2004, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to a term of 1 1/212 to 3 years, unanimously affirmed.

The court properly denied defendant's suppression motion without a hearing (see People v. Mendoza, 82 N.Y.2d 415, 604 N.Y.S.2d 922, 624 N.E.2d 1017 [1993] ).   Although defendant had ample information, with particular reference to the facts recited at arraignment (see People v. Long, 36 A.D.3d 132, 824 N.Y.S.2d 249 [2006] [codefendant's appeal] ), upon which to make a proper suppression motion, his allegations were insufficient to raise a factual dispute requiring a hearing (see People v. Roberts, 23 A.D.3d 245, 805 N.Y.S.2d 43 [2005], lv. denied 6 N.Y.3d 817, 812 N.Y.S.2d 457, 845 N.E.2d 1288 [2006] ).   Defendant's conclusory claims did not address the People's allegation that he possessed drugs in the car he was driving, as well as that he acted in concert with his codefendant in other unlawful activity in a store prior to the lawful stop of the car.