People v. Shippens

Case held, decision reserved and matter remitted to Supreme Court, Erie County, for a hearing, in accordance with the following memorandum: In our view, defendant’s moving papers adequately complied with the dictates of CPL 710.60 (1). Where defendant’s moving papers, though inartfully drafted, nevertheless sufficiently comply with the dictates of CPL 710.60 (1) to raise a tenable issue of fact to support the ground alleged, it is error for the court summarily to deny defendant’s motion to suppress potential identification evidence (People v De Vaughn, 81 AD2d 924, later appeal 95 AD2d 838;…