Appellate Division of the Supreme Court of New York, 2002

People v. Hamilton

Appellate Division of the Supreme Court of New York · Decided August 5, 2002

297 A.D.2d 289; 745 N.Y.2d 919; 745 N.Y.S.2d 919; 2002 N.Y. App. Div. LEXIS 7805

Opinion of the Court

*290The County Court properly denied that branch of the defendant’s omnibus motion which was to suppress physical evidence without a hearing, since the motion did not contain sworn allegations of fact supporting the defendant’s claim that he was arrested without probable cause (see CPL 710.60; People v Mendoza, 82 NY2d 415; People v Alers, 234 AD2d 310). Ritter, J.P., Feuerstein, Adams and Mastro, JJ., concur.

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