You are here: / / Allegations In Motion to Suppress Insufficient to Warrant Hearing
,

Allegations In Motion to Suppress Insufficient to Warrant Hearing

In concluding a suppression hearing (re: statements by the defendant) was properly denied, the Fourth Department explained the relevant analytical criteria:

It is well settled that ” [h]earings are not automatic or generally available for the asking by boilerplate allegations’ ” … . Here, “[t]he allegations in defendant’s moving papers, when considered in the context of the detailed information provided to defendant, were insufficient to create a factual dispute requiring such a hearing . . . Defendant . . . did not address the specific allegations set forth in the felony complaint” and the other discovery materials provided to him …, which included the relevant grand jury testimony of the witness. Thus, the court properly denied the motion without conducting a hearing based on the insufficiency of the allegations and, under the circumstances of this case … . People v Mitchell, 2015 NY Slip Op 07411, 4th Dept 10-9-15

 

You might also like
2 ½ Inch Drop in Pavement Was Not Proximate Cause of Plaintiff’s Loss of Control of Her Vehicle
Evidence of Prior Uncharged Offenses Involving the Same Behavior and Against the Same Victim as Alleged in the Charged Offense Deemed Admissible to Prove Motive, Intent and to Provide Necessary Background Information About the Nature of the Relationship Between the Victim and Defendant
Contract Between Town and Employer of Injured Employee Did Not Allow Indemnification of Town by Employer
Five-Year Look-Back Applied/Pension Properly Included in Determining Applicant’s Income In Spite of Unexplained Cessation of Payments
WAIVER OF APPEAL INVALID, MATTER SENT BACK FOR YOUTHFUL OFFENDER DETERMINATION (FOURTH DEPT).
WHERE A MOTION TO VACATE A CONVICTION IS BASED UPON EVIDENCE OUTSIDE THE RECORD AND EVIDENCE IN THE RECORD, ALL OF THE EVIDENCE IS ADMISSIBLE IN THE HEARING ON THE MOTION; COUNTY COURT SHOULD NOT HAVE RESTRICTED THE PRESENTATIOIN OF DEFENDANT’S ALLEGATIONS OF INEFFECTIVE ASSISTANCE TO ONLY THOSE WHICH WERE OUTSIDE THE RECORD (FOURTH DEPT).
THE PATTERN JURY INSTRUCTIONS FOR TORTIOUS INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE ARE WRONG, THE INDEPENDENT CRIME OR TORT ELEMENT IS A FACTUAL QUESTION FOR THE JURY AND SHOULD NOT BE DECIDED AS A MATTER OF LAW BY THE COURT, MOTION TO SET ASIDE THE $5 MILLION VERDICT SHOULD HAVE BEEN GRANTED (FOURTH DEPT).
LOAN WHICH INCLUDED A SET AMOUNT DESIGNATED AS INTEREST WAS NOT USURIOUS, CRITERIA EXPLAINED.

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

Failure to Warn Defendant that Failure to Appear Would Result in a Harsher Sentence... Motion Papers Sufficient to Warrant a Probable Cause Hearing, Criteria Desc...