PEOPLE v. BEASLEY (2005)

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

The PEOPLE of the State of New York, Respondent, v. Walter BEASLEY, Defendant-Appellant.

Decided: December 06, 2005

MAZZARELLI, J.P., MARLOW, WILLIAMS, SWEENY, CATTERSON, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Claudia S. Trupp of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Bree Schonbrun of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered September 2, 2003, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 2 1/212 to 5 years, unanimously affirmed.

Defendant made insufficient factual allegations to warrant a hearing on his motion to suppress evidence (see People v. Valentino, 254 A.D.2d 185, 678 N.Y.S.2d 890 [1998], lv. denied 92 N.Y.2d 1054, 685 N.Y.S.2d 433, 708 N.E.2d 190 [1999] ). Defendant did not allege facts establishing state action of any kind, or a reasonable expectation of privacy, and there were no disputed factual issues warranting a hearing. Moreover, defendant made no additional submissions despite the court's invitation to do so.

We perceive no basis for reducing the sentence.

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