Opinion
October 17, 1988
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that the judgment is affirmed.
Inasmuch as the grounds asserted in the defendant's application for suppression of physical evidence and identification testimony either did not constitute a legal basis for suppression or were supported by sworn allegations of fact which failed, as a matter of law, to support the grounds alleged, the court was warranted in summarily denying the defendant's application without a hearing (see, CPL 710.60 [former (3)]; People v Gomez, 67 N.Y.2d 843; People v Jordan, 122 A.D.2d 224; People v Marrero, 110 A.D.2d 785; People v Stanton, 108 A.D.2d 688). Thompson, J.P., Brown, Rubin and Eiber, JJ., concur.