Opinion
December 22, 1998
Appeal from the Supreme Court, New York County (Charles Solomon, J.).
Defendant's suppression motion was properly denied without a hearing. Given that the felony complaint and the People's voluntary disclosure form fully disclosed the facts supporting their theory that defendant acted as a steerer and/or lookout, defendant's affirmation, which denied, in conclusory fashion, selling drugs or acting as a "steerer", but did not contest any of the facts creating probable cause to believe that defendant was a participant in the transaction, was insufficient to raise an issue warranting a hearing ( People v. Gonzalez, 247 A.D.2d 328).
The verdict was based upon legally sufficient evidence and was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). There was ample evidence, including defendant's response and instructions to the undercover purchaser, from which defendant's accessorial liability could be reasonably inferred.
Concur — Lerner, P. J., Sullivan, Milonas, Rosenberger and Ellerin, JJ.