Opinion
February 6, 1995
Appeal from the Supreme Court, Kings County (Tomei, J, R. Goldberg, J.).
Ordered that the judgment and amended judgment are affirmed.
In support of that branch of the defendant's omnibus motion which was to suppress physical evidence, the defendant, without any factual support, simply requested a hearing to suppress any evidence illegally seized from him. Such a showing is insufficient to warrant a hearing where, as here, the defendant did not lack access to information precluding more specific factual allegations (see, People v. Mendoza, 82 N.Y.2d 415, 432-433; cf., People v. Vasquez, 200 A.D.2d 344). Thus, the Supreme Court did not err in summarily denying that branch of the defendant's omnibus motion (see, CPL 710.60, [3] [b]).
In light of the foregoing determination, there is no basis for vacatur of the plea under Indictment No. 7653/86 (cf., People v Clarke, 45 N.Y.2d 432). Lawrence, J.P., Ritter, Friedmann and Krausman, JJ., concur.