PEOPLE v. LOPEZ

Defendant's actions in directing the undercover officer to an individual from whom he could purchase cocaine did not support a finding that he acted in concert with the drug dealer who sold the cocaine to that officer (see, People v. Rosario, 193 A.D.2d 445 lv denied 82 N.Y.2d 708; compare, People v. Ayers, 189 A.D.2d 680, lv denied 81 N.Y.2d 967).

The court properly denied defendant's motion to suppress physical evidence without a hearing because his motion papers lacked sufficient facts and contained only conclusory allegations (see, People v. Reynolds, 71 N.Y.2d 552, 558).

Concur — Rubin, J.P., Ross, Nardelli, Williams and Tom, JJ.