PEOPLE v. MENDOZA

The court properly denied, without a hearing, defendant's motion to suppress contraband that correction officers discovered in his pocket during a search they conducted while defendant was an inmate at Rikers Island, since his factual allegations, even if accepted as true, would not have warranted a conclusion that the search was unreasonable ( see CPL 710.60). While defendant's allegations may have stated a Fourth Amendment claim in the context of a search of a person at liberty, defendant did not address the diminished Fourth Amendment rights of a prison inmate ( see Bell v Wolfish, 441 US 520, 557). The facts alleged in defendant's moving papers did not set forth a basis for suppression, given the prison context ( see Hudson v Palmer, 468 US 517, 529; People v Frye, 144 AD2d 714, lv denied 73 NY2d 891). We have considered and rejected defendant's remaining arguments.