Appellate Division of the Supreme Court of New York, 1998

People v. Williams

People v. Williams
Appellate Division of the Supreme Court of New York · Decided March 17, 1998 · Andrias, Milonas, Rosenberger, Sullivan
248 A.D.2d 238; 671 N.Y.S.2d 211; 1998 N.Y. App. Div. LEXIS 2606
People v. Williams

Opinion of the Court

—Judgment, Supreme Court, New York County (Alfred Donati, J.), rendered December 20, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 8 to 16 years, unanimously affirmed.

Summary denial of defendant’s suppression motion was proper since defendant merely offered legal conclusions, which were insufficient to warrant a hearing (see, People v Mendoza, 82 NY2d 415; People v Williams, 228 AD2d 268, Iv denied 88 NY2d 996). Defendant never addressed the alleged sale described in the felony complaint and voluntary disclosure materials.

The court’s Batson rulings were proper. A trial court’s findings regarding pretext are entitled to great deference on appeal (People v Hernandez, 75 NY2d 350, affd 500 US 352; People v Wint, 237 AD2d 195, Iv denied 89 NY2d 1103) and we find no reason to disturb them herein.

We perceive no abuse of sentencing discretion.

Concur — Sullivan, J. P., Milonas, Rosenberger and Andrias, JJ.

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