PEOPLE v. GRAHAM


258 A.D.2d 387 (1999)

685 N.Y.S.2d 678

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY GRAHAM, Appellant.

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

Decided February 23, 1999.


Summary denial of defendant's motion to suppress physical evidence was proper since the 45-day period in which to make such a motion (CPL 255.20 [1]) had elapsed and defendant failed to demonstrate due diligence in ascertaining the facts, given the availability of information (CPL 255.20 [3]; see, People v Toxey, 220 A.D.2d 204, lv denied 88 N.Y.2d 855). Moreover, the motion was properly denied without a hearing since defendant...

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