Opinion
October 6, 1989
Appeal from the Monroe County Court, Maloy, J.
Present — Dillon, P.J., Callahan, Boomer, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: The court properly denied defendant's motion to suppress physical evidence without holding a hearing (see, CPL 710.60 [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; People v Reynolds, 71 N.Y.2d 552, 558; People v Lofton, 129 A.D.2d 970, lv denied 70 N.Y.2d 650; People v Alexander, 88 A.D.2d 749; People v Reynolds, 71 A.D.2d 1008).