PEOPLE v. RODRIGUEZ

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.