Opinion
October 22, 1998
Appeal from the Supreme Court, New York County (Charles Solomon, J., at pre-trial motion and Huntley hearing; Colleen McMahon, J., at plea and sentence).
Defendant's motion to suppress the physical evidence recovered from him by a music store's security guard was properly denied without a hearing for failure to allege that the security guards were licensed to exercise police powers or acting as police agents. We reject defendant's argument that such governmental involvement could be inferred from his allegations ( compare, People v. Parris, 220 A.D.2d 254, lv denied 87 N.Y.2d 976, with People v. Mendoza, 82 N.Y.2d 415, 432-434). Defendant's motion to suppress the identification of him by a store cashier was also properly denied without a hearing since the court had sufficient information to conclude that the identification procedure was conducted by store security guards and was not police arranged ( see, People v. Omaro, 201 A.D.2d 324).
Concur — Nardelli, J. P., Rubin, Tom and Mazzarelli, JJ.