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PEOPLE v. ADAMS

297 A.D.2d 609 (2002)

747 N.Y.S.2d 361

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LINWOOD ADAMS, Appellant.

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

Decided September 26, 2002.

The court properly exercised its discretion when it denied defendant's motion to reopen the suppression hearing since the insignificant discrepancy between the ghost officer's trial testimony and the arresting officer's hearing testimony would not have affected the outcome of the hearing (People v Hardy, 275 A.D.2d 656, lv denied 96 N.Y.2d 735).

Defendant's claim regarding the court's instruction on "lack of evidence...

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