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PEOPLE v. MERCADO

62 N.Y.2d 866 (1984)

The People of the State of New York, Respondent, v. Ismael Mercado, Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1984.

Attorney(s) appearing for the Case

Stephanie T. Knowles and William E. Hellerstein for appellant.

Mario Merola, District Attorney (Stuart L. Sanders and Peter D. Coddington of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The court did not abuse its discretion as a matter of law in denying the defendant's motion to reopen the suppression hearing. A court is not bound to grant a motion to reopen in order to entertain a new issue based on a decision announced after the motion to suppress has been denied (People v Grosfeld, 58 N.Y.2d 887

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