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People v. Ruth

Appellate Division of the Supreme Court of New York, First Department
Apr 27, 1999
260 A.D.2d 296 (N.Y. App. Div. 1999)

Opinion

April 27, 1999

Appeal from the Supreme Court, New York County (Carol Berkman, J.).


The court's summary denial of defendant's request for a Mapp/Dunaway hearing was proper. Defendant's initial motion papers were clearly insufficient to warrant such a hearing ( see, People v. Mendoza, 82 N.Y.2d 415), and the court's refusal to consider defendant's supplementary affirmation alleging facts in defendant's actual knowledge from the inception of the case was not an abuse of discretion. Defendant "fail[ed] to offer a valid excuse for not submitting the additional facts upon the original application." ( Foley v. Roche, 68 A.D.2d 558, 568.) Furthermore, the fact that the court ordered a Huntley hearing involving the same witnesses did not obligate it to order a Mapp/Dunaway hearing as a matter of discretion ( People v. Mendoza, 82 N.Y.2d 415, 429-430, supra).

Concur — Ellerin, J. P., Sullivan, Wallach, Lerner and Buckley, JJ.


Summaries of

People v. Ruth

Appellate Division of the Supreme Court of New York, First Department
Apr 27, 1999
260 A.D.2d 296 (N.Y. App. Div. 1999)
Case details for

People v. Ruth

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN P. RUTH…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 27, 1999

Citations

260 A.D.2d 296 (N.Y. App. Div. 1999)
689 N.Y.S.2d 51

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