Opinion
December 1, 1997
Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).
Ordered that the judgment is affirmed.
That branch of the defendant's omnibus motion which was to suppress drugs and a weapon recovered from his vehicle was properly denied without a hearing because his supporting affidavit, and his counsel's supporting affidavit, were conclusory and failed to assert sufficient facts to warrant such a hearing ( see, e.g., People v. Mendoza, 82 N.Y.2d 415, 430; People v. Nazario, 220 A.D.2d 695; CPL 710.60). None of the allegations in these affidavits refuted the People's detailed account of various police officers' investigation and surveillance of the defendant, which ultimately led to the stop of his automobile based upon probable cause that he was engaged in transporting illegal drugs from New York City to Newburgh ( see, e.g., People v. Murray, 172 A.D.2d 437; People v. Mendoza, supra, at 430, 431; People v. Knickerbocker, 230 A.D.2d 753; People v. Smith, 212 A.D.2d 552; People v. Chavous, 204 A.D.2d 475; People v. Hightower, 206 A.D.2d 253, mod 85 N.Y.2d 988).
Santucci, J. P., Joy, Friedmann and Luciano, JJ., concur.