AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN P. RUTH, Appellant.

The court's summary denial of defendant's request for a Mapp/Dunaway hearing was proper. Defendant's initial motion papers were clearly insufficient to warrant such a hearing ( see, People v. Mendoza, 82 N.Y.2d 415), and the court's refusal to consider defendant's supplementary affirmation alleging facts in defendant's actual knowledge from the inception of the case was not an abuse of discretion. Defendant "fail[ed] to offer a valid excuse for not submitting the additional facts upon the original application." ( Foley v. Roche, 68 A.D.2d 558, 568.) Furthermore, the fact that the court ordered a Huntley hearing involving the same witnesses did not obligate it to order a Mapp/Dunaway hearing as a matter of discretion ( People v. Mendoza, 82 N.Y.2d 415, 429-430, supra).

Concur — Ellerin, J. P., Sullivan, Wallach, Lerner and Buckley, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. RUTH
(Apr 27, 1999)