| People v Burch |
| 2009 NY Slip Op 01287 [59 AD3d 266] |
| February 19, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Harrison Burch, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Deborah L. Morse of counsel), forrespondent.
Judgment, Supreme Court, New York County (Charles H. Solomon, J., at summary denial ofDunaway hearing; Michael A. Corriero, J., at jury trial and sentence), rendered October10, 2007, convicting defendant of attempted assault in the second degree, criminal possession ofa weapon in the third degree and petit larceny, and sentencing him, as a second felony offender,to an aggregate term of 2 to 4 years, unanimously affirmed.
Summary denial of defendant's motion for a Dunaway hearing was proper sincedefendant's allegations failed to raise a legal basis for suppression (see People v Lopez, 5 NY3d 753[2005]; People v Mendoza, 82 NY2d 415 [1993]). Defendant was fully aware that hisarrest was based on the complaint of a citizen victim regarding an incident that occurred prior tohis arrest, and his denials of any wrongdoing at the time of his arrest did not identify any FourthAmendment issue to be resolved at a hearing (see People v Roldan, 37 AD3d 300 [2007], lv denied 9NY3d 850 [2007]). This was not a case where "[b]ased upon . . . meagerinformation, defendant could do little but deny participation in the [crime]" (People vHightower, 85 NY2d 988, 990 [1995]). In any event, defendant did not even explicitly denycommitting the crime.
The verdict was not against the weight of the evidence (see People v Danielson, 9NY3d [*2]342, 348-349 [2007]). There is no basis for disturbingthe jury's determinations concerning credibility. Concur—Mazzarelli, J.P., Friedman,Gonzalez, Catterson and Renwick, JJ.