PEOPLE v. MITCHELL-BENETIZ


168 A.D.2d 994 (1990)

The People of the State of New York, Appellant, v. Ernesto Mitchell-Benetiz, Respondent

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

December 21, 1990


Order unanimously reversed on the law, motion to renew and to suppress denied and matter remitted to Supreme Court for further proceedings on the indictment.

Memorandum:

Supreme Court erred in granting defendant's motion to reopen the suppression hearing. The court may grant a motion to renew a suppression motion "upon a showing by the defendant, that additional pertinent facts have been discovered by the defendant which he could not have discovered with reasonable...

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