Opinion
April 3, 1987
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Callahan, J.P., Denman, Balio, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The suppression court properly denied defendant Lofton's motion to suppress physical evidence without holding a hearing. An affidavit of defendant's counsel which does not state the sources of counsel's information and which merely contains conclusory allegations that an unconstitutional search had been conducted at the time of defendant's arrest is insufficient to raise a factual issue that would require a hearing (CPL 710.60, [3]; People v Alexander, 88 A.D.2d 749; People v Roberto H., 67 A.D.2d 549).
The claim of prosecutorial misconduct was not preserved for our review (CPL 470.05; People v Williams, 46 N.Y.2d 1070), and since the isolated remarks made during summation did not deprive defendants of a fair trial, reversal in the interests of justice is not warranted (CPL 470.15; People v Hopkins, 58 N.Y.2d 1079, 1083).