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PEOPLE v. FRANCE

No. 106 SSM 6.

12 N.Y.3d 790 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. DONALD FRANCE, Appellant

Court of Appeals of New York.

Decided April 2, 2009.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Kristina Schwarz and Steven Banks of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Susan Axelrod and Eleanor Ostrow of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Under CPL 710.60 (1), a defendant is entitled to a hearing on a suppression motion only if there is an issue of fact that must be resolved before it can be determined whether suppression is required. Here, evaluating (1) the face of the pleadings, (2) the context of the motion, and (3) the defendant's access to information (see People v Mendoza,

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