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PEOPLE v. SMITH

8 Misc.3d 441 (2005)

796 N.Y.S.2d 223

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. TROY SMITH, Defendant.

District Court of Nassau County, First District.

May 9, 2005.

Attorney(s) appearing for the Case

Virginia Conroy, Rockville Centre, for defendant.

Denis E. Dillon, District Attorney, Hempstead, for plaintiff.

OPINION OF THE COURT

KENNETH L. GARTNER, J.

The motion by the instant defendant presents an issue on which there is a conflict between the trial courts: whether a criminal defendant, by simultaneously moving (1) to preclude evidence as a result of late notice under CPL 710.30, and, alternatively, (2) to suppress the same evidence on substantive grounds, in fact thereby waives preclusion, at least where the motion...

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