PEOPLE v. MUSGROVE


261 A.D.2d 640 (1999)

691 N.Y.S.2d 74

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN MUSGROVE, Appellant.

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

Decided May 24, 1999.


Ordered that the judgment is affirmed.

The Supreme Court did not err in denying the defendant's motion to reopen the Wade hearing. CPL 710.40 (4) provides that a court may permit a defendant to renew his motion to suppress evidence if it is satisfied, upon the defendant's showing, that new facts have been discovered "which * * * could not have [been] discovered with reasonable diligence before the determination of the motion". The defendant concedes that he...

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