People v. Matthews

*550Initially, we find that the court properly denied, without a hearing, that branch of the defendant’s omnibus motion which was to suppress identification testimony. When that branch of the defendant’s omnibus motion was decided on June 4, 1986, it could be denied without a hearing if the grounds alleged in the moving papers did not constitute a legal basis for suppression, or the sworn allegations of fact failed, as a matter of law, to support the grounds alleged (see, CPL 710.60 [former (3)]). Although that section was subsequently amended to relieve a defendant of the burden of alleging a…