People v. Shippens

Boomer and Pine, JJ.

(dissenting).

We are compelled to dissent because of the recurring failure of some attorneys engaged in motion practice to recognize and appreciate the difference between sworn statements of fact necessary to support the relief requested and conclusory allegations of fact or law which are without effect.

*503Here the court properly denied defendant’s motion to suppress potential identification testimony without holding a hearing. On a motion to suppress evidence, the papers "must contain sworn allegations of fact” supporting the grounds of the motion and if the sworn allegations…