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PEOPLE v. KATHARU

7 A.D.3d 403 (2004)

776 N.Y.S.2d 476

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAJU KATHARU, Appellant.

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

May 18, 2004.

The court, which had denied defendant's pretrial application for a hearing to challenge the veracity of the affiant's statements in support of a search warrant (see Franks v Delaware, 438 U.S. 154 [1978]; People v Alfinito, 16 N.Y.2d 181 [1965]), properly denied his renewed requests for such a hearing made during trial. To the extent that any of the trial evidence could be viewed as contradicting...

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