Opinion
June 10, 1999.
Appeal from the Supreme Court, Bronx County (Edward Davidowitz, J.).
The verdict was not against the weight of the evidence. We see no reason to disturb the jury's credibility determinations.
The court's summary denial of defendant's suppression motion was proper. Since the felony complaint alleged that the police had observed defendant making a drug sale immediately prior to his arrest, his conclusory allegation that he had not been involved in any criminal activity did not raise a factual issue warranting a hearing ( see, People v. Mendoza, 82 N.Y.2d 415, 428-429).
Concur — Ellerin, P. J., Nardelli, Mazzarelli, Rubin and Saxe, JJ.