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PEOPLE v. GOMEZ

55 A.D.3d 328 (2008)

864 N.Y.S.2d 428

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND GOMEZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 7, 2008.

The court properly denied defendant's suppression motion without a hearing since the allegations contained in his motion papers, when considered in light of the specific information that was provided by the People concerning the basis for his arrest, failed to raise a material factual dispute requiring a hearing (see People v Jones, 95 N.Y.2d 721, 725 [2001]). Even if defendant's papers could be viewed as disputing the claim that...

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