People v Bryant, 2006 NY Slip Op 04353 [30 AD3d 1131]

Decided on June 6, 2006

Appellate Division, First Department

[*1] The People of the State of New York, Respondent,

v

Arthur Bryant, Defendant-Appellant.

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 sixteen years to life should be reduced to the statutory minimum of fifteen years to life is without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 6, 2006 CLERK.