Section 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.