People v. Mendoza

OPINION OF THE COURT

Chief Judge Kaye.

These appeals center on the statutory requirement that a motion to suppress "contain sworn allegations of fact” (CPL 710.60 [1]). In each case, the trial court summarily denied a suppression motion and the Appellate Division affirmed because the motion did not satisfy the statutory requirement, placing before us the legal question of what constitutes factual sufficiency for purposes of a suppression motion.

The issue is best understood by first outlining the governing statute, CPL 710.60. When made before trial, suppression motions must be in writing, state…