PEOPLE v. COLON


127 A.D.2d 678 (1987)

The People of the State of New York, Respondent, v. Jose Colon, Appellant

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

February 9, 1987


Ordered that the judgment is affirmed.

As the defendant's motion to suppress physical evidence was made on the eve of trial, some nine months after his arraignment and three months after the People filed and served their bill of particulars, the motion was untimely (CPL 710.40 [1], [2]; 255.20 [1]). In any event, as the affirmation accompanying the motion fails to allege facts in support of the motion, and only sets forth...

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