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PEOPLE v. DELGADO

Appellate Division of the Supreme Court of New York, First Department.
Mar 26, 1996

The 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 A.D.2d 314, 316, lv denied 84 N.Y.2d 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.