People v. McCrary
Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Nassau County (Brown, J.), rendered January 25, 2007, convicting him of robbery in the first degree (two counts), criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree (three counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Calabrese, J.), of those branches of the defendant’s omnibus motion which were to suppress physical evidence and identification testimony.
Ordered that the judgment is affirmed.
Furthermore, contrary to the contention of the defendant, the trial court did not improvidently exercise its discretion in denying his motion, made during the trial, to reopen the suppression hearing. The defendant failed to demonstrate that he had discovered additional pertinent facts which he could not have discovered with reasonable diligence before the determination of those branches of his omnibus motion which were to suppress certain physical evidence and identification testimony, which would materially affect or have affected that determination (see CPL 710.40 [4]; People v Clark, 88 NY2d 552, 555 [1996]; People v Fuentes, 53 NY2d 892, 894 [1981]).
The defendant’s remaining contentions are unpreserved for appellate review (see CPL 470.05 [2]), and, in any event, are without merit. Skelos, J.P., Covello, Balkin and Sgroi, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.