PEOPLE v. RHODES


60 A.D.3d 705 (2009)

873 N.Y.S.2d 504

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC RHODES, Appellant.

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

Decided March 3, 2009.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court did not improvidently exercise its discretion in denying his motion, made during trial, to reopen the pretrial suppression hearing inasmuch as the defendant failed to show that he had discovered additional pertinent facts which he could not have discovered with reasonable diligence before the determination of the motion and which would have materially affected that determination...

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