People v Speller
2006 NY Slip Op 00080 [25 AD3d 344]
January 5, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 22, 2006


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

[*1]

Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered May 6, 2004, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.

The court properly denied defendant's suppression motion without a hearing, since his factual assertions were insufficient (see CPL 710.60 [1]; People v Mendoza, 82 NY2d 415 [1993]), as well as being contradicted by his own grand jury testimony (see People v Alexander, 272 AD2d 267 [2000], lv denied 95 NY2d 888 [2000]).

We perceive no basis for reducing the sentence. Concur—Buckley, P.J., Friedman, Marlow, Sullivan and Malone, JJ.