Appellate Division of the Supreme Court of New York, 1996

People v. Delgado

People v. Delgado
Appellate Division of the Supreme Court of New York · Decided March 26, 1996
225 A.D.2d 478; 639 N.Y.2d 918; 639 N.Y.S.2d 918; 1996 N.Y. App. Div. LEXIS 3165
People v. Delgado

Opinion of the Court

*479The court properly denied defendant’s suppression motions without a hearing. The law of the case doctrine was not binding since exceptional circumstances existed, warranting reconsideration of the previous order directing a Dunaway hearing. Defendant’s moving papers did not warrant a hearing (People v Marte, 207 AD2d 314, 316, lv denied 84 NY2d 937), and the trial court was considerably more familiar with the facts of the case than the motion court. Concur — Sullivan, J. P., Rosenberger, Nardelli, Williams and Tom, JJ.

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