Opinion
January 20, 1978
Appeal from the Erie County Court.
Present — Marsh, P.J., Moule, Simons and Witmer, JJ.
Judgment unanimously affirmed. Memorandum: Six defendants appeal the denial without a hearing of motions to dismiss the indictments against them in the interest of justice (CPL 210.20, subd 1, par [i]; 210.40, subd 1). Affirmance of the order is supported by Hampton v United States ( 425 U.S. 484) and United States v Russell ( 411 U.S. 423) and we find no allegation warranting a hearing on the motions (CPL 210.45, subd 5, par [a]). If there was police misconduct in the investigations leading to defendants' indictments, it is a matter for separate discipline or prosecution (see United States v Russell, supra; People v Belkota, 50 A.D.2d 118).