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PEOPLE v. MERRILL

226 A.D.2d 1045 (1996)

642 N.Y.S.2d 126

The People of the State of New York, Respondent, v. John Merrill, Appellant

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

April 19, 1996

Upon remittitur from the Court of Appeals, judgment unanimously affirmed.

Memorandum:

Defendant's motion for suppression, although made in the alternative to a motion for preclusion, constitutes a waiver of the right to challenge the adequacy of the People's CPL 710.30 notice (see, CPL 710.30 [3]; People v Merrill, 87 N.Y.2d 948). We reject the argument of defendant that his omnibus motion papers are not properly...

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