Opinion
March 16, 1995
Appeal from the Supreme Court, Bronx County (Arlene Silverman, J.).
Defendant's actions in directing the undercover officer to an individual from whom he could purchase cocaine did not support a finding that he acted in concert with the drug dealer who sold the cocaine to that officer (see, People v. Rosario, 193 A.D.2d 445 lv denied 82 N.Y.2d 708; compare, People v. Ayers, 189 A.D.2d 680, lv denied 81 N.Y.2d 967).
The court properly denied defendant's motion to suppress physical evidence without a hearing because his motion papers lacked sufficient facts and contained only conclusory allegations (see, People v. Reynolds, 71 N.Y.2d 552, 558).
Concur — Rubin, J.P., Ross, Nardelli, Williams and Tom, JJ.