People v. Vega

210 A.D.2d 41, 619 N.Y.S.2d 567, 1994 N.Y. App. Div. LEXIS 12377

Opinion

—Judgment, Supreme Court, New York County (Clifford Scott, J.), rendered November 22, 1991, convicting defendant, upon his plea of guilty, of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 6 years to life, unanimously affirmed.

Summary denial of defendant’s motion to suppress identification testimony was proper, the People having made a sufficient showing, based on defendant’s own statement to the police of having seen and spoken to the witness only hours before the crime, of a prior relationship between the two rendering the witness impervious ;to police suggestion (People v Rodriguez, 79 NY2d 445, 452). Defendant’s motion to suppress tangible evidence was also properly denied without a hearing for failure to set forth facts relating to the alleged warrantless search of his home and concerning which he presumably had personal knowledge (see, People v Mendoza, 82 NY2d 415, 427), and his boilerplate allegations of warrants less search did not otherwise "as a matter of law support the ground alleged” (CPL 710.60 [3] [b]). Concur—Wallach, J. P., Kupferman, Ross, Asch and Rubin, JJ.