People v. Ramos

• Decision Date: 27 January 2011
• Citation: 914 N.Y.S.2d 897,80 A.D.3d 537
• Parties: The PEOPLE of the State of New York, Respondent, v. Gilberto RAMOS, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

914 N.Y.S.2d 897 80 A.D.3d 537 The PEOPLE of the State of New York, Respondent, v. Gilberto RAMOS, Defendant-Appellant. Supreme Court, Appellate Division, First Department, New York. Jan. 27, 2011.

Steven Banks, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sean T. Masson of counsel), for respondent.

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered June 18, 2009, convicting defendant, upon his plea of guilty, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The court properly denied defendant's suppression motion without a hearing, since his motion papers did not raise an issue of fact as to probable cause for his arrest ( see e.g. People v. Burch, 59 A.D.3d 266, 873 N.Y.S.2d 576 [2009], lv. denied 12 N.Y.3d 913, 884 N.Y.S.2d 694, 12 N.Y.3d 913 [2009] ). Defendant's general and conclusory allegations failed to address the highly specific factual information supplied by the People in the felony complaint and voluntary disclosure form concerning the facts leading up to defendant's arrest for robbery.

The court properly adjudicated defendant a second felony offender based on his federal conspiracy conviction ( see People v. Hiladrio, 291 A.D.2d 221, 222, 738 N.Y.S.2d 19 [2002], lv. denied 98 N.Y.2d 676, 746 N.Y.S.2d 465, 774 N.E.2d 230 [2002] ). We have considered and rejected defendant's arguments to the contrary.

GONZALEZ, P.J., SWEENY, ACOSTA, FREEDMAN, ABDUS-SALAAM, JJ., concur.