People v Smith |
2010 NY Slip Op 00182 [69 AD3d 657] |
January 5, 2010 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York,
Respondent, v Kimark Smith, Appellant. |
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Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered January 17, 2007, convicting him of criminal possession of a controlled substance in the fifth degree and endangering the welfare of a child (two counts), and imposing sentence. The appeal brings up for review the denial, without a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly denied, without a hearing, that branch of his omnibus motion which was to suppress physical evidence (see People v Montero, 44 AD3d 796 [2007]). The defendant's supporting papers were conclusory and failed to set forth factual allegations sufficient to warrant such a hearing (see CPL 710.60 [3] [b]; People v Wright, 54 AD3d 695, 696 [2008]; People v Montero, 44 AD3d at 797).
The defendant's contention that the evidence was legally insufficient to support his convictions of endangering the welfare of a child is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (People v Contes, 60 NY2d 620 [1983]), we find that the evidence was legally sufficient to establish beyond a reasonable doubt the defendant's guilt of endangering the welfare of a child (see Penal Law § 260.10 [1]; People v Hitchcock, 98 NY2d 586, 592 [2002]). Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt on those counts was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Covello, J.P., Santucci, Chambers and Hall, JJ., concur.