People v. Araujo

The Supreme Court properly denied, without a hearing, that branch of the defendant’s omnibus motion which was to suppress evidence obtained pursuant to an eavesdropping warrant. The defendant’s conclusory, unsupported assertion that the detective made materially false representations in his affidavit supporting the application for an eavesdropping warrant is insufficient to trigger the need for a hearing (see Franks v Delaware, 438 US 154, 171 [1978]; People v Bavisotto, 179 AD2d 1055 [1992]; People v Maucieri, 125 AD2d 600, 601 [1986]).

Contrary to the People’s contention, the defendant’s…