People v. Seda

I must once again voice my disagreement with the majority’s view which denies the defendant a hearing to which he is clearly entitled.

After the defendant and a co-defendant were indicted, counsel for the defendant filed an omnibus motion seeking, inter alia, suppression of physical evidence. In his affirmation submitted in support of said motion, counsel alleged, on the basis of information and belief, "the sources thereof being conversations with the defendant, representatives of the District Attorney’s Office and others, as well as reviews of official documents in this matter”, that the…