PEOPLE v. SEDA


198 A.D.2d 98 (1993)

603 N.Y.S.2d 471

The People of the State of New York, Respondent, v. Jose Seda, Appellant

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

November 16, 1993


Defendant's motion to suppress was properly denied without a hearing since his motion papers contained no more than conclusory and pro forma assertions that he was not engaging in any illegal activity or suspicious behavior at the time and place of his arrest. We have repeatedly held that a hearing is not required where, as here, defendant's motion papers consist entirely of legal conclusions and are devoid of any factual content. Defendant had the burden of describing...

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