PEOPLE v. KNOWLES


112 A.D.2d 321 (1985)

The People of the State of New York, Respondent, v. James Knowles, Appellant

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

July 15, 1985


Judgment affirmed.

Defendant waived his claim that the search warrant was deficient because he failed to make a written motion challenging the warrant within 45 days after arraignment. Criminal Term was correct in not applying the exception to the 45-day filing rule provided in CPL 255.20 (3), because the information that supported his motion could have been learned, with due diligence, prior to trial.

Defendant's claim that he was prejudiced by portions of...

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