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PEOPLE v. BAEZA

125 A.D.2d 318 (1986)

The People of the State of New York, Respondent, v. Alberto Baeza, Appellant.

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

December 1, 1986

Ordered that the judgment is affirmed.

The denial of a hearing on that branch of the defendant's motion which was to suppress physical evidence was proper. The affirmation submitted in support of that branch of the motion failed to allege improper police conduct. Therefore, there was no factual basis for the court to direct a hearing (see, People v Roberto H., 67 A.D.2d 549, 552).

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