People v. Weaver

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Clearly and explicitly CPL 710.60 (subd 4) requires ("the court * * * must conduct”) that a hearing be held and findings essential to a suppression motion be made whenever the court does not determine the motion pursuant to subdivisions 2 or 3. Subdivision 2 mandates a summary grant when the People concede the facts or stipulate not to use the evidence, neither of which is here true. Subdivision 3 permits a summary denial if the motion papers do not set forth a legal basis for the motion or the facts alleged…