Opinion
November 28, 1995
Appeal from the Supreme Court, New York County, Bernard Fried, J., Juanita Bing Newton, J.
Defendant's motion to suppress physical evidence was properly denied without a hearing since his motion papers failed to address his conduct at the time of the alleged undercover sale and were otherwise conclusory ( People v Mendoza, 82 N.Y.2d 415, 428-429, 430-431). Also conclusory, and therefore not warranting a hearing, was defendant's claim that a prior conviction was obtained in violation of his right to the effective assistance of counsel ( People v Harris, 61 N.Y.2d 9, 15; People v Polanco, 192 A.D.2d 393).
Concur — Rosenberger, J.P., Rubin, Kupferman, Asch and Mazzarelli, JJ.