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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELTEADRO SCOTT, Appellant.

Judgment unanimously affirmed. Memorandum: By failing to make a motion to suppress photographs of the stolen automobile or to object to their admission at trial, defendant waived his argument that the photographs were the product of an illegal stop (see, People v. Bertolo, 65 N.Y.2d 111; People v. Manners, 118 A.D.2d 734, lv denied 68 N.Y.2d 670). Defendant was not entitled to a hearing on the admissibility of the photographs because his pretrial motion papers fail to state the ground for suppression or to set forth sworn allegations of fact (see, CPL 710.60; People v Mendoza, 82 N.Y.2d 415).

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PEOPLE v. SCOTT
(Feb 4, 1994)