PEOPLE v. ARAUJO

2010-01250.

101 A.D.3d 741 (2012)

955 N.Y.S.2d 166

2012 NY Slip Op 8322

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SILVIA ARAUJO, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 5, 2012.


Ordered that the judgment is affirmed.

The Supreme Court properly denied, without a hearing, that branch of the defendant's omnibus motion which was to suppress evidence obtained pursuant to an eavesdropping warrant. The defendant's conclusory, unsupported assertion that the detective made materially false representations in his affidavit supporting the application for an eavesdropping warrant is insufficient to trigger the need for a hearing (see Franks v Delaware...

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