PEOPLE v. JAMES

2776.

146 A.D.3d 574 (2017)

2017 NY Slip Op 00278

46 N.Y.S.3d 539

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TAIQUAN JAMES, Appellant.

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

Decided January 17, 2017.


Although the consolidated suppression hearing and nonjury trial, conducted over defendant's objection, was contrary to CPL 710.40 (3), reversal is unwarranted. We find that defendant was not prejudiced as a result of the procedure (see People v Gonzalez, 214 A.D.2d 451 [1st Dept 1995], lv denied 86 N.Y.2d 794 [1995]). In any event, the only relief defendant requests is dismissal of the accusatory instrument rather than a remand...

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