Opinion
December 11, 1995
Appeal from the Family Court, Kings County (Ambrosio, J.).
Ordered that the order of disposition is affirmed, without costs or disbursements.
There is no merit to the appellant's contention that the branch of his omnibus motion which was to suppress physical evidence set forth sufficient legal and factual allegations to warrant a hearing. A review of the record evidences that that branch of the appellant's motion merely contains legal conclusions. Such conclusions "without more [are] plainly insufficient because probable cause is a mixed legal-factual issue and the pleading lacks the factual portion of the equation" (People v Mendoza, 82 N.Y.2d 415, 427). The appellant failed to specifically deny selling drugs and he merely disclaimed involvement in unlawful activity. Contrary to appellant's contention, his allegations are insufficient to warrant a hearing (Matter of George J., 82 N.Y.2d 415, 431). Bracken, J.P., Sullivan, Rosenblatt and Hart, JJ., concur.