discussed Cited as authority (rule) People v. Guzman The court may summarily deny the motion if “[t]he motion papers do not allege a ground constituting legal basis for the motion,” or, with two exceptions not relevant here, “[t]he sworn allegations of fact do not as a matter of law support the ground alleged” (CPL 710.60 [3] [a], [b]). “[T]he sufficiency of defendant’s factual allegations should be (1) [evaluated by] the face of the pleadings, (2) assessed in conjunction with the context of the motion, and (3) [evaluated by] defendant’s access to information” (People v Mendoza, 82 NY2d at 426 ; see People v Garay, 25 NY3d at 72 …

discussed Cited as authority (rule) People v. McUllin People v France ( 12 NY3d 790 [2009]) and People v Bazemore ( 40 AD3d 228 [1st Dept 2007], lv denied 9 NY3d 863 [2007]), on which the People rely, are inapposite, as in each of those cases the People disclosed the factual predicate relied upon to establish probable cause (see France, 12 NY3d at 791 [“Despite having sufficient information from the felony complaint and the voluntary disclosure form concerning the factual predicate for his arrest, defendant failed to dispute that the victim told the police that he had been robbed by defendant, that the victim identified him to the police and th…

discussed Cited "see" People v. Beauharnois With respect to the victim’s credibility, we have long recognized that “ ‘it is not uncommon for young children to be uncertain and even inconsistent in their trial testimony’ ” (People v Stewart, 20 AD3d 769, 770 [2005], quoting People v Raymo, 19 AD3d 727, 728 [2005], lv denied 5 NY3d 793 [2005]; see People v Riback, 57 AD3d 1209, 1213 [2008], lv granted 12 NY3d 790 [2009]; People v Weber, 25 AD3d 919, 921 [2006], lv denied 6 NY3d 839 [2006]; People v Wagner, 178 AD2d 679, 680 [1991]).