People v. Cook

OPINION OF THE COURT

Herbert J. Lipp, J.

*257Defendant has filed an omnibus motion seeking, inter alia, suppression of physical evidence: to wit, a loaded handgun. Defendant’s attorney has filed a supplemental affirmation, based upon "information and belief” in which she asserts certain facts in support of her motion to suppress. The People have filed an affirmation in opposition. At issue herein is whether defense counsel’s affirmation has set forth sufficient "sworn allegations of fact” to entitle the defendant to a suppression hearing (CPL 710.60 [1]). "The invocation of the right to be secure…