People v Bryant

2006 NY Slip Op 04353

Decided on June 6, 2006

Appellate Division, First Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 6, 2006
Tom, J.P., Marlow, Gonzalez, Sweeny, Catterson, JJ.
8676Ind. 3088/03






Laura R. Johnson, The Legal Aid Society, New York (Kristina
Schwarz of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Victoria
E. Phillips of counsel), for respondent.


Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered February 4, 2004, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 16 years to life, unanimously affirmed.

The court properly denied the Mapp/Dunaway branch of defendant's omnibus motion summarily, since his conclusory assertions were insufficient, given the information available to him, to create a factual issue requiring a hearing (see People v Jones, 95 NY2d 721 [2001]).

Defendant's argument that his bargained-for sentence of sixteen years to life should be reduced to the statutory minimum of fifteen years to life is without merit.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 6, 2006

CLERK