Opinion
No. 3252.
April 3, 2008.
Judgment, Supreme Court, New York County (Carol Berkman, J., on motions; Rena K. Uviller, J., at plea and sentence), rendered September 21, 2005, convicting defendant of criminal possession of a controlled substance in the fourth degree, and sentencing him to a term of five years' probation, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Sheila O'Shea of counsel), for respondent.
Before: Saxe, J.P., Sweeny, McGuire and Acosta, JJ.
The court properly denied defendant's suppression motion without granting a hearing. Defendant's vague and conclusory submission was insufficient either to raise a claim that he discarded the drugs at issue as a reaction to unlawful police conduct or to advance any other basis for suppression ( see People v Kolon, 37 AD3d 340, 341, lv denied 8 NY3d 947; People v Coleman, 191 AD2d 390, 392, affd 82 NY2d 415, 432-433).