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You are here: Home1 / Criminal Law2 / Bare Allegation in an Attorney Affidavit that, Upon Information and Belief,...
Criminal Law, Evidence

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

 

February 19, 2015
Tags: SUFFICIENCY OF MOTION PAPERS (SUPPRESSION), Third Department
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