Opinion
October 26, 1992
Appeal from the Family Court, Queens County (Ambrosio, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
The appellant's motion to suppress evidence seized upon his arrest was properly denied without a hearing since his supporting papers were conclusory and failed to allege any facts in support of his motion (see, CPL 710.60; People v Washington, 106 A.D.2d 593; Matter of Roberto H., 67 A.D.2d 549). Moreover, the People's papers in opposition revealed that, in fact, the evidence was found in a bush and was not seized from the appellant's person. Because the appellant failed to allege an expectation of privacy in the thing seized or the place searched, there was no basis upon which a hearing was warranted (see, People v Wesley, 73 N.Y.2d 351; People v Gomez, 67 N.Y.2d 843; People v Stevens, 129 A.D.2d 749). Bracken, J.P., Sullivan, Balletta and Copertino, JJ., concur.