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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCO J. BAEZ, Appellant.

Ordered that the judgment is affirmed.

The defendant waived his right to seek appellate review of the denial of his motion for a severance as a result of his guilty plea (People v. Flagg, 155 A.D.2d 552; People v. Decker, 135 A.D.2d 920). Further, the court properly denied the defendant's motion to suppress physical evidence, without a hearing, since his supporting papers were conclusory and failed to set forth any factual allegations with respect to his or the police officer's conduct (see, CPL 710.60; People v. Reynolds, 71 N.Y.2d 552; Matter of George J., 187 A.D.2d 427, affd 82 N.Y.2d 415; People v. Scott, 182 A.D.2d 649).

Finally, the sentence imposed was appropriate, notwithstanding the fact that the defendant's accomplices received lesser sentences (see, People v. Flagg, supra; see also, People v Kazepis, 101 A.D.2d 816). Rosenblatt, J.P., Ritter, Goldstein and Florio, JJ., concur.

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PEOPLE v. BAEZ
(Jun 20, 1994)