Opinion
2001-09924
Submitted June 18, 2002.
August 5, 2002.
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered September 11, 2001, convicting him of criminal possession of a weapon in the third degree (two counts), upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, without a hearing (Lange, J.), of that branch of the defendant's omnibus motion which was to suppress physical evidence.
Charles Rudd Mackenzie, Hastings-On-Hudson, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Sara Jones Smith and Richard Longworth Hecht of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.
ORDERED that the judgment is affirmed.
The County Court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence without a hearing, since the motion did not contain sworn allegations of fact supporting the defendant's claim that he was arrested without probable cause (see CPL 710.60; People v. Mendoza, 82 N.Y.2d 415; People v. Alers, 234 A.D.2d 310).
RITTER, J.P., FEUERSTEIN, ADAMS and MASTRO, JJ., concur.