In re Shaundale W.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The Family Court properly denied, without a hearing, that *1255branch of the appellant’s omnibus motion which was to suppress physical evidence. “Hearings are not automatic or generally available for the asking by boilerplate allegations” (People v Mendoza, 82 NY2d 415, 422 [1993]). The movant’s motion papers must state the grounds of the motion and “contain sworn allegations of fact” (CPL 710.60 [1]; see Family Ct Act § 330.2 [1]). Even assuming, arguendo, that the appellant had standing to seek suppression of the evidence (see generally People v Ramirez-Portoreal, 88 NY2d 99, 108 [1996]; People…
2Cases cited12 opinions
- People v. MendozaNew York Court of Appeals · 1993
- People v. Ramirez-PortorealNew York Court of Appeals · 1996
- In re Katherine W.New York Court of Appeals · 1984
- People v. PonderNew York Court of Appeals · 1981
- People v. BurtonNew York Court of Appeals · 2006
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- People v. JenningsAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Norell A.-T.Appellate Division of the Supreme Court of the State of New York · 2016
- Matter of Anthony W.Appellate Division of the Supreme Court of the State of New York · 2017
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2016
- In re Lameka P.Appellate Division of the Supreme Court of the State of New York · 2011
2 more not listed; retrieve them via the Exa API.