| People v Mendoza |
| 2008 NY Slip Op 03492 [50 AD3d 478] |
| April 22, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v SilvaMendoza, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Robert R. Sandusky, III of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Troy K. Webber, J., on motion; DavidStadtmauer, J., at plea and sentence), rendered June 9, 2006, convicting defendant of promotingprison contraband in the first degree, and sentencing him, as a second felony offender, to a termof 2 to 4 years, unanimously affirmed.
The court properly denied, without a hearing, defendant's motion to suppress contraband thatcorrection officers discovered in his pocket during a search they conducted while defendant wasan inmate at Rikers Island, since his factual allegations, even if accepted as true, would not havewarranted a conclusion that the search was unreasonable (see CPL 710.60 [3]). Whiledefendant's allegations may have stated a Fourth Amendment claim in the context of a search of aperson at liberty, defendant did not address the diminished Fourth Amendment rights of a prisoninmate (see Bell v Wolfish, 441 US 520, 557 [1979]). The facts alleged in defendant'smoving papers did not set forth a basis for suppression, given the prison context (see Hudsonv Palmer, 468 US 517, 529 [1984]; People v Frye, 144 AD2d 714 [1988], lvdenied 73 NY2d 891 [1989]). We have considered and rejected defendant's remainingarguments. Concur—Lippman, P.J., Saxe, Gonzalez and Nardelli, JJ.