PEOPLE v. BAKER


254 A.D.2d 4 (1998)

679 N.Y.S.2d 107

The People of the State of New York, Respondent, v. Michael Baker, Appellant

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

October 1, 1998


The arresting officer's trial testimony, that the drugs seized from defendant pursuant to an arrest for theft of services were contained in a small paper bag, did not constitute evidence that defendant could not have discovered with reasonable diligence before determination of the motion to suppress, because defendant was clearly aware of it from the time of his arrest. Defendant's claim of lack of knowledge as to the nature of the...

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