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PEOPLE v. IBARGUEN

No. 56.

37 N.Y.3d 1107 (2021)

178 N.E.3d 917

157 N.Y.S.3d 252

2021 NY Slip Op 05617

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC IBARGUEN, Appellant.

Court of Appeals of New York.

Decided October 14, 2021.

Attorney(s) appearing for the Case

Patricia Pazner , Appellate Advocates, New York City ( Benjamin Welikson of counsel), for appellant.

Melinda Katz , District Attorney, Kew Gardens ( John M. Castellano and Joseph N. Ferdenzi of counsel), for respondent.

New York Civil Liberties Union Foundation, New York City ( Daniel R. Lambright , Christopher T. Dunn and Molly K. Biklen of counsel), for New York Civil Liberties Union, amicus curiae.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

CPL 710.60(1) requires that a motion for suppression of physical evidence must state the ground or grounds of the motion and must contain sworn allegations of fact. CPL 710.60(3) permits summary denial of a suppression motion where the motion papers do not provide adequate sworn allegations of fact (see People v Mendoza, 82 N.Y.2d 415...

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