People v. Bryant

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered February 4, 2004, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 16 years to life, unanimously affirmed.

The court properly denied the Mapp/Dunaway branch of defendant’s omnibus motion summarily, since his conclusory assertions were insufficient, given the information available to him, to create a factual issue requiring a hearing (see People v Jones, 95 NY2d 721 [2001]).

Defendant’s argument that his bargained-for sentence of 16 years to life should be reduced to the statutory minimum of 15 years to life is without merit. Concur—Tom, J.P., Marlow, Gonzalez, Sweeny and Catterson, JJ.