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PEOPLE v. FRANKLIN

127 A.D.2d 685 (1987)

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

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

February 9, 1987

Ordered that the judgment is affirmed.

On this record, we cannot agree with defendant that the denial, as untimely, of his midtrial motion to suppress physical evidence constituted an abuse of discretion (see, CPL 255.20). The trial court did not err in failing to apply the exception to the 45-day rule provided in CPL 255.20 (3) because the motion was based on grounds which the defendant could have, with due diligence, presented before the trial (see

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