PEOPLE v. CORTEZ

2009-01254.

81 A.D.3d 742 (2011)

916 N.Y.S.2d 176

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Luis CORTEZ, Appellant.

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

Decided February 8, 2011.


Ordered that the judgment is affirmed.

In challenging the hearing court's determination denying suppression of the statement he made to the police detectives who arrested him to the effect that he was present at the scene of the robbery in question, but did not enter the house, the defendant relies on trial testimony. However, the "defendant may not rely upon trial testimony to challenge a suppression issue where, as here, he failed to request a reopening of the suppression...

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