People v Ramos

2011 NY Slip Op 00429

Decided on January 27, 2011

Appellate Division, First Department

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

Decided on January 27, 2011
Gonzalez, P.J., Sweeny, Acosta, Freedman, Abdus-Salaam, JJ.
4124 4203/08






Steven Banks, The Legal Aid Society, New York (Laura Boyd
of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sean T.
Masson of counsel), for respondent.

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered June 18, 2009, convicting defendant, upon his plea of guilty, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly denied defendant's suppression motion without a hearing, since his motion papers did not raise an issue of fact as to probable cause for his arrest (see e.g. People v Burch, 59 AD3d 266 [2009], lv denied 12 NY3d 913 [2009]). Defendant's general and conclusory allegations failed to address the highly specific factual information supplied by the People in the felony complaint and voluntary disclosure form concerning the facts leading up to defendant's arrest for robbery.

The court properly adjudicated defendant a second felony offender based on his federal conspiracy conviction (see People v Hiladrio, 291 AD2d 221, 222 [2002], lv denied 98 NY2d 676 [2002]). We have considered and rejected defendant's arguments to the contrary.

THIS CONSTITUTES THE DECISION AND ORDEROF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JANUARY 27, 2011
DEPUTY CLERK