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PEOPLE v. NUNEZ

55 A.D.3d 756 (2008)

865 N.Y.S.2d 638

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JONATHAN NUNEZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 14, 2008.

Ordered that the judgment is affirmed.

In challenging the hearing court's determination denying suppression of his statements to law enforcement officials, the defendant relies upon trial testimony. However, the "defendant may not rely upon trial testimony to challenge a suppression issue where, as here, he failed to request a reopening of the suppression hearing" (People v Maxis, 50 A.D.3d 922, 923 [2008]; see People...

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