Opinion
January 18, 1996
Appeal from the Supreme Court, Bronx County (Joseph Fisch, J.).
As part of his plea bargain, defendant agreed to forgo his right to any suppression hearings. The record, however, is silent with respect to any knowing and voluntary waiver of his right to appeal this aspect of his plea ( People v Callahan, 80 N.Y.2d 273, 283). In any event, there is no basis to disturb the conviction since defendant's motion "for a Dunaway hearing" (Dunaway v New York, 442 U.S. 200), i.e., to suppress identification testimony on the ground of unlawful seizure, was properly denied, without a hearing, in view of the conclusory nature of defendant's allegations ( People v Mendoza, 82 N.Y.2d 415).
Concur — Ellerin, J.P., Rubin, Nardelli, Tom and Mazzarelli, JJ.