PEOPLE v. OTERO

In light of the sworn allegations of fact contained in defendant's motion papers, which dispute the averments in the warrant application and are not conceded by the People, it was error for the trial court to have summarily denied the motions. (CPL 710.60; People v. Banks, 100 A.D.2d 780; cf., People v. Reynolds, 71 N.Y.2d 552, 558.)

Concur — Murphy, P.J., Sullivan, Carro, Kassal and Smith, JJ.