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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE DEKLE, Appellant.

Defendant's pretrial motions to suppress physical evidence were properly denied without a hearing since his motion papers contained only legal conclusions and conclusory allegations that failed to show that the evidence was unlawfully seized (CPL 710.60; People v Kitchen, 162 A.D.2d 178, lv denied 76 N.Y.2d 941). Defendant's most specific assertion — that of the time of the first arrest and immediately prior thereto he was doing nothing but standing on the street — is merely a pro forma legal conclusion of innocence that does not warrant a hearing (People v Covington, 144 A.D.2d 238, lv denied 73 N.Y.2d 890).

Concur — Carro, J.P., Wallach, Asch and Rubin, JJ.

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PEOPLE v. DEKLE
(Apr 23, 1993)