Opinion
May 3, 2001.
Judgment, Supreme Court, Bronx County (Peter Benitez, J.), rendered May 11, 1998, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.
Christopher J. Blira-Koessler, for respondent.
Kevin Casey, for defendant-appellant.
Before: Lerner, J.P., Saxe, Buckley, Friedman, Marlow, JJ.
The court's summary denial of defendant's suppression motion was proper. Defendant's generalized denial of any criminal activity prior to his seizure did not address any of the highly specific factual allegations contained in the felony complaint and other documents, although defendant was in a position to do so (People v. Gonzalez, 247 A.D.2d 328, 329; compare, People v. Hightower, 85 N.Y.2d 988). Accordingly, there was no factual dispute requiring a hearing.
The court properly determined that defendant had forfeited the opportunity for substitution of a misdemeanor plea because he had violated his agreement by leaving his drug treatment program without permission (see, People v. Williams, A.D.2d 715 N.Y.S.2d 53,lv denied 96 N.Y.2d 740 [Jan 19 2001], 2001 N.Y. LEXIS 504).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.