PEOPLE v. JONES


114 A.D.2d 974 (1985)

The People of the State of New York, Respondent, v. Kenneth Jones, Appellant

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

November 18, 1985


Judgment affirmed.

On this record, we cannot agree with defendant that the denial, as untimely, of that branch of his omnibus motion which sought a Wade hearing constituted an abuse of discretion. Defendant was arraigned on July 15, 1982, and did not serve or file his omnibus motion until some 5½ months later. No excuse was presented in the moving papers for the failure to serve or file the motion within 45 days (CPL 255.20 [1]; 710.40 [1]) and the factual...

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