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PEOPLE v. LONG

36 A.D.3d 132 (2006)

824 N.Y.S.2d 249

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CYNTHIA LONG, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 14, 2006.

Attorney(s) appearing for the Case

Center for Appellate Litigation, New York City (Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Tracy L. Conn and Mark Dwyer of counsel), for respondent.

FRIEDMAN and GONZALEZ, JJ., concur with NARDELLI, J.; MAZZARELLI, J.P., and CATTERSON, J., dissent in a separate opinion by CATTERSON, J.

OPINION OF THE COURT

NARDELLI, J.

In this appeal, we are asked to determine whether Supreme Court's summary denial of defendant's suppression motion was proper.

CPL 710.60 (1) requires a suppression motion be in writing, state the legal grounds upon which it is based, and "contain sworn allegations of fact, whether of the defendant or of another person or persons, supporting such grounds." A court is permitted to summarily deny a motion to suppress...

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