PEOPLE v. FREEMAN


253 A.D.2d 692 (1998)

679 N.Y.S.2d 360

The People of the State of New York, Respondent, v. Alex Freeman, Appellant

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

September 24, 1998


Defendant's motion to suppress property was properly denied. Since defendant made no application to reopen the Mapp hearing during trial, the court was under no obligation to reopen the hearing sua sponte (see, CPL 710.40 [4]). Defendant's allusions during trial to conflicts between hearing and trial testimony did not constitute a request for a reopened hearing. In any event, even in light of the purported conflicts in testimony revealed during trial...

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