People v. France

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, 82 NY2d 415, 426 [1993]; see also People v Lopez, 5 NY3d 753, 754 [2005]), the motion was properly denied without a hearing. Despite having sufficient information…