People v. Joseph
Opinion of the Court
Judgment, Supreme Court, New York County (Michael Obús, J., on summary denial of suppression motion; Dorothy Cropper, J., at nonjury trial and sentence), rendered September 10, 1998, convicting defendant of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to three concurrent terms of 4V2 to 9 years, unanimously affirmed.
The motion court’s summary denial of defendant’s suppression motion was proper, because defendant’s moving papers did not raise a factual dispute requiring a hearing. Defendant did not expressly deny participation in the drug sale upon which his arrest was predicated (see, People v Mendoza, 82 NY2d 415; People v Rosario, 264 AD2d 369; People v Lopez, 263 AD2d 434).
After granting an initial 6-day adjournment, the trial court properly exercised its discretion in denying defendant a second adjournment of this short trial to allow him another opportunity to secure the presence of a witness. The likelihood of the witness’s appearance and the value of her testimony were speculative, at best (see, People v Covington, 233 AD2d 169, lv denied 89 NY2d 941).
The trial court properly precluded defendant from calling his codefendant as a witness. Defendant never filed a motion for severance and there was no indication that the codefendant
Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Concur — Williams, J. P., Mazzarelli, Lerner, Andrias and Friedman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.