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