The People of the State of New York, Respondent,
v.
Rafael Mendoza, Also Known as Raphael Mendoza, Appellant.
The People of the State of New York, Respondent,
v.
Ramon Martinez, Appellant.
In the Matter of George J., a Person Alleged to be a Juvenile Delinquent, Appellant.
The People of the State of New York, Respondent,
v.
Darius Coleman, Appellant.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued September 2, 1993.
Argued October 6, 1993.
Decided November 22, 1993.
Attorney(s) appearing for the Case
Kenneth Finkelman, New York City, and Philip L. Weinstein for appellant in the first above-entitled action.
Robert M. Morgenthau, District Attorney of New York County, New York City (Robert C. F. Reuland and Nikki Kowalski of counsel), for respondent in the first above-entitled action.
E. Joshua Rosenkranz, New York City, and Diana L. Fogle for appellant in the second above-entitled action.
Robert T. Johnson, District Attorney of Bronx County, Bronx (Howard B. Sterinbach, Peter D. Coddington and Billie Manning of counsel), for respondent in the second above-entitled action.
Kenneth Rabb, New York City, Lenore Gittis and Lance Dandridge for appellant in the third above-entitled proceeding.
O. Peter Sherwood, Corporation Counsel of New York City (Julian L. Kalkstein and Larry A. Sonnenshein of counsel), for respondent in the third above-entitled proceeding.
Diane Pazar, New York City, and Philip L. Weinstein for appellant in the fourth above-entitled action.
Robert M. Morgenthau, District Attorney of New York County, New York City (Luke Martland and Marc Frazier Scholl of counsel), for respondent in the fourth above-entitled action.
Judges SIMONS, TITONE, HANCOCK, JR., BELLACOSA, SMITH and LEVINE concur.
Court of Appeals of the State of New York.
Chief Judge KAYE.
These appeals center on the statutory requirement that a motion to suppress "contain sworn allegations of fact" (CPL 710.60 [1]). In each case, the trial court summarily denied a suppression motion and the Appellate Division affirmed because the motion did not satisfy the statutory requirement, placing before us the legal question of what constitutes factual sufficiency for purposes of a suppression...
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