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Defendant’s Papers Deemed Insufficient to Trigger Need for Suppression Hearing

The Third Department determined the defendant’s motion papers did not demonstrate the need for a suppression hearing:

Because defendant failed to allege sufficient facts to justify a hearing, County Court did not err in summarily denying defendant’s motion for a Mapp hearing…. Motion papers seeking suppression of evidence “must state the ground or grounds of the motion and must contain sworn allegations of fact . . . supporting such grounds” (CPL 710.60 [1]).A hearing is not automatic; a court may summarily deny the motion if the papers do not allege a legal basis for suppression  or if the factual allegations do not as a matter of law support any alleged ground (see CPL 710.60 [3];…) “[F]actual sufficiency should be determined with reference to the face of the pleadings, the context of the motion and [the] defendant’s access to information”….  Here, defendant made his motion after he was supplied with the search warrant application, supporting documents and return, as well as discovery. He had resolved the other criminal charges that precipitated the warrant application, providing him with information related to the situation surrounding the application. In these circumstances, defendant’s bare allegation of a lack of probable cause, without any factual support, was insufficient to require a hearing …   Accordingly, the court properly determined that a hearing was not necessary to decide the motion. People v Vanness, 103553, 3rd Dept, 5-16-13

 

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