PEOPLE v. ROSARIO (1997)

Judgments, Supreme Court, New York County (Rena Uviller, J.), rendered January 15, 1997, convicting defendant, after his plea of guilty, of two counts of robbery in the second degree under two separate indictments, and sentencing him, as a second felony offender, to concurrent terms of 7 1/2 to 15 years, unanimously affirmed.

The Dunaway (Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824) branch of defendant's suppression motion was properly denied without a hearing since his conclusory statements were insufficient to raise an issue of fact as to the lawfulness of his arrest (CPL 710.60[3][b] ).  Notably, defendant did not controvert the specific factual averments as to the circumstances of the four separate criminal incidents and the arrest that were included in the Criminal Court complaint, the voluntary disclosure form, and the indictment (People v. Toxey, 220 A.D.2d 204, 631 N.Y.S.2d 846, lv. denied 88 N.Y.2d 855, 644 N.Y.S.2d 701, 667 N.E.2d 351).  Defendant's plea of not guilty did not constitute a denial of criminal activity sufficient to raise a factual issue warranting a Dunaway hearing (cf., People v. Hightower, 85 N.Y.2d 988, 990, 629 N.Y.S.2d 164, 652 N.E.2d 910).

MEMORANDUM DECISION.