You are here: / / Bare Allegation in an Attorney Affidavit that, Upon Information and Belief,...
,

Bare Allegation in an Attorney Affidavit that, Upon Information and Belief, the Deputies Lacked Probable Cause to Arrest Defendant, Not Enough to Justify a Hearing on a Suppression Motion

In finding defendant’s motion to suppress was properly denied without a hearing, the Third Department explained what is required to warrant a hearing:

“A motion seeking suppression of evidence ‘must state the ground or grounds of the motion and must contain sworn allegations of fact . . . supporting such grounds'” … . A hearing in this regard is neither “automatic [n]or generally available [simply] for the asking” … and, except in circumstances not present here (see CPL 710.60 [3] [b]; 710.20 [3], [6]), the trial 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” … . Here, in support of her suppression motion, defendant tendered the affidavit of her attorney, who merely asserted — upon information and belief — that the deputies in question lacked probable cause to arrest defendant. This “bare allegation of a lack of probable cause, without any factual support, was insufficient to require a hearing” … . People v Briskin, 2015 NY Slip Op 01493, 3rd Dept 2-19-15

 

You might also like
THE JUDGE’S FAILURE TO MAKE FINDINGS OF FACT IN THIS VISITATION PROCEEDING REQUIRED REMITTAL FOR A NEW HEARING (THIRD DEPT). ​
correspondence which was intended to lead to a settlement agreement (re: real property taxes) did not create a binding agreement
THE PEOPLE’S APPLICATION FOR A PROTECTIVE ORDER PRECLUDING DISCLOSURE OF CERTAIN DISCOVERABLE MATERIALS TO THE DEFENDANT UNTIL A WEEK BEFORE TRIAL SHOULD HAVE BEEN PROVIDED TO DEFENSE COUNSEL TO ALLOW THE ISSUES TO BE FULLY LITIGATED; MATTER REMITTED (THIRD DEPT).
DEFENDANT WAS CONVICTED OF SECOND DEGREE MURDER (DEPRAVED INDIFFERENCE) AND FIRST DEGREE MANSLAUGHTER (RECKLESS) FOR THE DEATH OF A SEVERELY ABUSED CHILD; THE EXTENSIVE DISCUSSIONS OF THE “DEPRAVED INDIFFERENCE” ELEMENT BY THE MAJORITY AND DISSENT ILLUSTRATE THE DIFFICULTY OF PROVING BOTH “DEPRAVITY” AND “INDIFFERENCE” (THIRD DEPT).
Failure to Adequately Describe Location of Slip and Fall Rendered Notice of Intention Jurisdictionally Defective
ALTHOUGH THERE WAS NO ENFORCEABLE CONTRACT TO INSTALL SOLAR PANELS, PLAINTIFF WAS ENTITLED TO SUMMARY JUDGMENT ON ITS ACCOUNT STATED CAUSE OF ACTION BASED ON INVOICES SENT TO DEFENDANT FOR THE SOLAR PANELS (THIRD DEPT).
Invocation of Fifth Amendment Privilege Against Self-Incrimination by Both Attesting Witnesses Did Not Require Dismissal of Petition to Admit Will to Probate
POSSESSION OF SYNTHETIC CANNABINOIDS IS PUNISHABLE BY A FINE AND JAIL TIME UNDER THE SANITARY CODE; THEREFORE A SEARCH WARRANT AUTHORIZING A SEARCH FOR SYNTHETIC CANNABINOIDS IS VALID; THE WAIVER OF APPEAL HERE WAS INVALID (THIRD DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

“Ensuing Loss” Exception to Coverage Exclusion for Water Damage... Appellant Entitled to a Hearing on His Motion to Vacate His Conviction—Questions...