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PEOPLE v. HOOD

143 A.D.2d 845 (1988)

The People of the State of New York, Respondent, v. James Hood, Appellant

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

October 17, 1988

Ordered that the judgment is affirmed.

Inasmuch as the grounds asserted in the defendant's application for suppression of physical evidence and identification testimony either did not constitute a legal basis for suppression or were supported by sworn allegations of fact which failed, as a matter of law, to support the grounds alleged, the court was warranted in summarily denying the defendant's application without a hearing (see, CPL 710.60 [former (3)]; ...

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