PEOPLE v. BAZEMORE (2007)

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered May 17, 2005, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to an aggregate term of 5 1/212 to 11 years, unanimously affirmed.

 The court properly denied defendant's suppression motion without granting a hearing.   Defendant's general and conclusory allegations failed to address the highly specific factual information supplied by the People in the felony complaint and voluntary disclosure form concerning defendant's conduct, and did not raise a factual issue as to probable cause (compare People v. Gonzalez, 247 A.D.2d 328, 670 N.Y.S.2d 180 [1998], with People v. Lopez, 263 A.D.2d 434, 695 N.Y.S.2d 76 [1999] ).

 The jury's verdict rejecting defendant's agency defense was based on legally sufficient evidence and was not against the weight of the evidence.   The evidence clearly established that defendant participated in the drug transaction entirely for his own benefit (see People v. Lam Lek Chong, 45 N.Y.2d 64, 74-75, 407 N.Y.S.2d 674, 379 N.E.2d 200 [1978], cert. denied 439 U.S. 935, 99 S.Ct. 330, 58 L.Ed.2d 331 [1978];  People v. Elvy, 277 A.D.2d 80, 715 N.Y.S.2d 247 [2000], lv. denied 96 N.Y.2d 783, 725 N.Y.S.2d 647, 749 N.E.2d 216 [2001] ).