Opinion
200
February 18, 2003.
Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered July 18, 2001, convicting defendant, after a jury trial, of auto stripping in the second degree and possession of burglar's tools, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years and 1 year, respectively, unanimously affirmed.
WILLA CONCANNON, for Respondent.
MARTIN M. LUCENTE, for Defendant-Appellant.
Before: Andrias, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ.
Summary denial of defendant's motion to suppress was proper, since defendant's papers, both on their face and when viewed in context of the information supplied by the People, did not entitle him to a hearing (People v. Coleman, 191 A.D.2d 390, 392, affd sub nom. People v. Mendoza, 82 N.Y.2d 415, 432). `At no time did defendant allege that he had actually discarded anything in response to unlawful police conduct. Instead, his allegations were couched in vague and hypothetical language that did not raise a factual issue requiring a hearing' (People v. Velez, 281 A.D.2d 311, lv denied 96 N.Y.2d 908).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.