People v Vermont
2012 NY Slip Op 04936 [96 AD3d 573]
June 19, 2012
Appellate Division, First Department
As corrected through Wednesday, August 1, 2012


The People of the State of New York, Respondent,
v
BryanVermont, Appellant.

[*1]Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), forappellant.

Cyrus R. Vance, Jr., District Attorney, New York (Patricia Curran of counsel), forrespondent.

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 controlled substance inthe 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 NY3d 584,587 [2006]). The information provided by the People apprised defendant that his arrest was basedon an undercover drug sale. Defendant's assertion that he "had not committed any act whichjustified his arrest" was insufficiently specific to address the alleged sale or raise any factualdispute requiring a hearing (see e.g. People v Bonnet, 288 AD2d 161, 162 [2001],lv denied 97 NY2d 751 [2002]; People v Hernandez, 283 AD2d 190 [2001],lv denied 97 NY2d 641 [2001]). Concur—Sweeny, J.P., Catterson, Acosta,Freedman and Román, JJ.


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