Opinion
March 30, 1995
Appeal from the Supreme Court, Bronx County (Joseph Mazur, J.).
Defendant's motion to suppress was properly denied without a hearing since his motion papers, which alleged that he was stopped by the police for no reason at all and that he had not committed any crime, contained only legal conclusions and conclusory allegations that failed to show that the evidence was unlawfully seized (People v. Dekle, 192 A.D.2d 471, lv denied 81 N.Y.2d 1072; People v. Marte, 207 A.D.2d 314, 316).
Contrary to defendant's claim, the court did not err in admitting into evidence one of the ten dollar bills of prerecorded buy money recovered from him after his arrest inasmuch as the People provided reasonable assurances of the money's identity and unchanged condition (People v. Julian, 41 N.Y.2d 340, 343). While the evidence was in a different envelope by the time of trial, the arresting officer testified that after the envelope is delivered to the property clerk, the property clerk puts the contents into a different envelope. Further, the holes in the money and the fact that the money was no longer stapled to the photocopy of the money were deficiencies in the custodial chain which went to weight and not the admissibility of the evidence (see, People v. Murray, 191 A.D.2d 397, lv denied 82 N.Y.2d 723; People v. Sarmiento, 168 A.D.2d 328, affd 77 N.Y.2d 976).
Concur — Rubin, J.P., Ross, Nardelli, Williams and Tom, JJ.