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PEOPLE v. QUIGLEY

2016-07152. Ind. No. 1718/15.

161 A.D.3d 780 (2018)

72 N.Y.S.3d 835

2018 NY Slip Op 03152

The People of the State of New York, Respondent, v. Carrie A. Quigley, Appellant.

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

Decided May 2, 2018.

Ordered that the judgment is affirmed.

The Supreme Court did not improvidently exercise its discretion in denying the defendant's motion, made during trial, to reopen the hearing with respect to the defendant's refusal to submit to a chemical breath test (see generally People v Smith, 18 N.Y.3d 544, 547 [2012]). The defendant failed to proffer new facts which were not discoverable with reasonable diligence before the determination...

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