PEOPLE v. VEGA

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 N.Y.2d 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 N.Y.2d 415, 427), and his boilerplate allegations of warrantless search did not otherwise "as a matter of law support the ground alleged" (CPL 710.60 [b]).

Concur — Wallach, J.P., Kupferman, Ross, Asch and Rubin, JJ.