Opinion
2012-06-19
The PEOPLE of the State of New York, Respondent, v. Bryan VERMONT, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), for respondent.
Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered October 19, 2009, convicting defendant, after a jury trial, of criminal possession of a *476controlled substance in the seventh degree, and sentencing him to a term of 90 days, unanimously affirmed.
The court properly denied defendant's suppression motion without granting a hearing. Defendant's allegations failed to raise a legal basis for suppression ( see People v. Burton, 6 N.Y.3d 584, 587, 815 N.Y.S.2d 7, 848 N.E.2d 454 [2006] ). The information provided by the People apprised defendant that his arrest was based on an undercover drug sale. Defendant's assertion that he “had not committed any act which justified his arrest” was insufficiently specific to address the alleged sale or raise any factual dispute requiring a hearing ( see e.g. People v. Bonnet, 288 A.D.2d 161, 162, 733 N.Y.S.2d 186 [2001],lv. denied 97 N.Y.2d 751, 754, 761, 742 N.Y.S.2d 611, 614, 622, 769 N.E.2d 357, 360, 368 [2002];People v. Hernandez, 283 A.D.2d 190, 724 N.Y.S.2d 836 [2001],lv. denied 97 N.Y.2d 641, 735 N.Y.S.2d 498, 761 N.E.2d 3 [2001] ).