710.60 - Motion to suppress evidence; procedure.

§ 710.60 Motion to suppress evidence; procedure.    1.  A motion to suppress evidence made before trial must be in writing  and upon reasonable notice to the people  and  with  opportunity  to  be  heard.  The motion papers must state the ground or grounds of the motion  and must contain sworn allegations of fact, whether of the defendant  or  of another person or persons, supporting such grounds.  Such allegations  may be based upon personal knowledge of the deponent or upon information  and  belief,  provided  that  in  the  latter  event the sources of such  information and the grounds of such belief are stated.  The  people  may  file with the court, and in such case must serve a copy thereof upon the  defendant  or  his counsel, an answer denying or admitting any or all of  the allegations of the moving papers.    2. The court must summarily grant the motion if:    (a) The motion papers comply with the requirements of subdivision  one  and  the  people  concede the truth of allegations of fact therein which  support the motion; or    (b) The people stipulate that the evidence  sought  to  be  suppressed  will  not  be  offered  in evidence in any criminal action or proceeding  against the defendant.    3. The court may summarily deny the motion if:    (a) The motion papers do not allege a ground constituting legal  basis  for the motion; or    (b)  The  sworn  allegations of fact do not as a matter of law support  the ground alleged; except that this paragraph does not apply where  the  motion is based upon the ground specified in subdivision three or six of  section 710.20.     4. If the court does not determine the motion pursuant to subdivisions  two  or  three,  it  must  conduct  a  hearing and make findings of fact  essential to the  determination  thereof.  All  persons  giving  factual  information at such hearing must testify under oath, except that unsworn  evidence  pursuant  to  subdivision two of section 60.20 of this chapter  may also be received. Upon such hearing, hearsay evidence is  admissible  to establish any material fact.    5.  A  motion to suppress evidence made during trial may be in writing  and may be litigated and determined on the basis  of  motion  papers  as  provided  in  subdivisions one through four, or it may, instead, be made  orally in open court.  In  the  latter  event,  the  court  must,  where  necessary,  also  conduct a hearing as provided in subdivision four, out  of the presence of the jury if any, and make findings of fact  essential  to the determination of the motion.    6.  Regardless  of  whether  a  hearing was conducted, the court, upon  determining the motion, must set forth on the  record  its  findings  of  fact, its conclusions of law and the reasons for its determination.