In People v Rodriguez, 79 N.Y.2d 445 [1992] the defendant moved for an order granting a Wade hearing to explore the suggestiveness of a photo showup. The People opposed the motion, claiming that the parties were known to each other. In reply, defendant denied having any prior familiarity with the complainant. Despite the obvious factual dispute between the parties regarding the issue of prior familiarity, the motion court summarily denied the motion to suppress. The Court of Appeals held, however, that it was error to summarily deny the motion to suppress, and remitted the matter "for a hearing to determine whether the identification procedure was confirmatory." (Id. at 453.)