PEOPLE v. ROBINSON


154 A.D.2d 931 (1989)

The People of the State of New York, Respondent, v. Hurley Robinson, Appellant. (Appeal No. 1.)

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

October 6, 1989


Judgment unanimously affirmed.

Memorandum:

The court properly denied defendant's motion to suppress physical evidence without holding a hearing (see, CPL 710.60 [3] [b]). An affidavit of defendant's counsel which merely contains conclusory allegations that an unconstitutional search had been conducted at the time of defendant's arrest is insufficient to raise a factual issue that would require a hearing (see, CPL 710.60 [1]; People v Reynolds...

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