PEOPLE v. ROBERTS

Reset A A Font size: Print

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

The PEOPLE of the State of New York, Respondent, v. Marlon ROBERTS, Defendant-Appellant.

Decided: November 15, 2005

MAZZARELLI, J.P., ANDRIAS, SULLIVAN, WILLIAMS, MALONE, JJ. Laura R. Johnson, The Legal Aid Society, New York (Jeffrey I. Richman of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Benjamin Cheeks of counsel), for respondent.

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered January 14, 2004, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/212 to 9 years, unanimously affirmed.

 The court properly denied defendant's initial and subsequent suppression motions without a hearing.   We note that the felony complaint, indictment, voluntary disclosure form and arraignment transcript provided defendant with enough information upon which to make a proper suppression motion (see People v. Mendoza, 82 N.Y.2d 415, 604 N.Y.S.2d 922, 624 N.E.2d 1017 [1993] ).   Although in his initial papers defendant asserted that he did not match the description transmitted by the observing officer, his factual allegations were insufficient (see People v. Jones, 95 N.Y.2d 721, 729, 723 N.Y.S.2d 761, 746 N.E.2d 1053 [2001] ).   Although defendant raised other suppression theories in his renewal motions (denominated reargument motions), he did not set forth any additional pertinent facts that he could not have discovered with reasonable diligence prior to the determination of the first motion (see CPL 710.40[4];  People v. Washington, 238 A.D.2d 43, 671 N.Y.S.2d 439 [1998], lv. denied 91 N.Y.2d 1014, 676 N.Y.S.2d 142, 698 N.E.2d 971 [1998] ).