The following excerpt is from People v. Mohamed, 58 Misc.3d 1205 (A), 94 N.Y.S.3d 540 (Table) (N.Y. Crim. Ct. 2018):
The People gave CPL 710.30(1)(b) notice that they intend to introduce identification evidence against the defendant at trial. A court may summarily deny a suppression motion without a hearing only if "[t]he motion papers do not allege a ground constituting [a] legal basis for the motion" ( CPL 710.60[3][a], People v. Boyer , 6 NY3d 427, 431 [2006] ). The defendant's motion alleges the identification procedure used was unreliable and unduly suggestive; consequently, the defendant is entitled to a Wade hearing.
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