Opinion
January 22, 1998
Appeal from the Supreme Court, Bronx County (William Donnino, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490), and we reject defendant's "masked repugnancy" argument based on his acquittal of the sale count and of one of the possession counts ( see, People v. Downing, 225 A.D.2d 391, lv denied 88 N.Y.2d 965).
The conclusory allegations set forth in defendant's moving papers were insufficient to warrant conducting a Mapp hearing. Defendant's allegations were not tantamount to a denial of selling drugs to the undercover officer ( compare, People v. Mendoza, 82 N.Y.2d 415, 430, with People v. Bailey, 218 A.D.2d 569, 571).
Concur — Milonas, J.P., Rosenberger, Wallach, Williams and Mazzarelli, JJ.