Opinion
May 13, 1991
Appeal from the Supreme Court, Kings County (Owens, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention on appeal, we find no basis to disturb the Supreme Court's determination that the defendant was not entitled to a Dunaway hearing. The defendant's allegations were insufficient to raise an issue concerning the probable cause for his arrest after a police investigation, and his subsequent confession following a voluntary, knowing and intelligent waiver of his Miranda rights (see, CPL 710.60; People v Williams, 170 A.D.2d 552). "In the absence of any factual allegations based upon personal knowledge, or based upon information and belief * * * the summary denial of that branch of the defendant's motion which was for suppression was entirely appropriate, as no factual issues warranting a hearing were presented in the defendant's motion papers" (People v Pavesi, 144 A.D.2d 392, 393).
We have reviewed the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Bracken, Lawrence and Eiber, JJ., concur.