PEOPLE v. BALLENGER


130 A.D.2d 755 (1987)

The People of the State of New York, Respondent, v. James Ballenger, Also Known as James Ballinger, Appellant

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

May 26, 1987


Ordered that the judgment is affirmed.

Contrary to the defendant's present contention, the court did not abuse its discretion in promptly reopening the suppression hearing to take evidence on the issue of probable cause, as the record demonstrates that the defendant's omnibus motion did not seek suppression of his statements on the ground of an illegal arrest, and the prosecution was entitled to elicit testimony on this issue in response to defense counsel's hearing...

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