Opinion
April 23, 1993
Appeal from the Supreme Court, New York County (Clifford A. Scott, J.).
Defendant's pretrial motions to suppress physical evidence were properly denied without a hearing since his motion papers contained only legal conclusions and conclusory allegations that failed to show that the evidence was unlawfully seized (CPL 710.60; People v Kitchen, 162 A.D.2d 178, lv denied 76 N.Y.2d 941). Defendant's most specific assertion — that of the time of the first arrest and immediately prior thereto he was doing nothing but standing on the street — is merely a pro forma legal conclusion of innocence that does not warrant a hearing (People v Covington, 144 A.D.2d 238, lv denied 73 N.Y.2d 890).
Concur — Carro, J.P., Wallach, Asch and Rubin, JJ.