PEOPLE v. REDDICK (2008)

Judgment, Supreme Court, New York County (Carol Berkman, J. on motions;  Daniel P. FitzGerald, J. at plea and sentence), rendered April 12, 2007, convicting defendant of criminal possession of a forged instrument, and sentencing him, as a second felony offender, to a term of 2 1/212 to 5 years, unanimously affirmed.

 The motion court properly denied, without granting a hearing, defendant's motion to suppress physical evidence.   The allegations in defendant's moving papers, when considered in the context of the detailed information provided to defendant, were insufficient to create a factual dispute requiring a hearing (compare People v. Long, 36 A.D.3d 132, 824 N.Y.S.2d 249 [2006], affd. 8 N.Y.3d 1014, 839 N.Y.S.2d 441, 870 N.E.2d 680 [2007], with People v. Bryant, 8 N.Y.3d 530, 533-534, 838 N.Y.S.2d 7, 869 N.E.2d 7 [2007] ).   The discovery information set forth, in detail, a sequence of events leading up to a valid search, pursuant to the automobile exception (see People v. Cruz, 7 A.D.3d 335, 777 N.Y.S.2d 66 [2004], lv. denied 3 N.Y.3d 672, 784 N.Y.S.2d 11, 817 N.E.2d 829 [2004] ), of the car in which defendant was riding, and defendant failed to “either controvert the specific information that was provided by the People ․ or to provide any other basis for suppression” (People v. Arokium, 33 A.D.3d 458, 459, 822 N.Y.S.2d 442 [2006], lv. denied 8 N.Y.3d 878, 832 N.Y.S.2d 490, 864 N.E.2d 620 [2007] ).