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PEOPLE v. VELEZ

39 A.D.3d 38 (2007)

829 N.Y.S.2d 209

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO VELEZ, Appellant.

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

February 6, 2007.

Attorney(s) appearing for the Case

Raymond E. Kerno, Mineola, for appellant.

Janet DiFiore, District Attorney, White Plains (Jamie E. Fair, Richard Longworth Hecht and Anthony J. Servino of counsel), for respondent.

CRANE, J.P., SPOLZINO and LUNN, JJ., concur.

OPINION OF THE COURT

FISHER, J.

The principal issue presented on this appeal concerns the circumstances under which it is necessary and appropriate to re-open a suppression hearing after witnesses at trial contradict the very testimony that led the hearing court to deny the defendant's motion to suppress.

The defendant was indicted on various counts of burglary, criminal possession of stolen property, and petit larceny. He moved, inter alia, to suppress...

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