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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE GARCIA, Appellant.

Ordered that the judgment is affirmed.

The trial court properly exercised its discretion in denying the defendant's motion for renewal of his suppression motion, as the defendant failed to demonstrate that he discovered additional facts pertinent to the probable cause determination which he could not have discovered with reasonable diligence (see, CPL 710.40). Bracken, J.P., Harwood, Balletta and Eiber, JJ., concur.

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PEOPLE v. GARCIA
(Oct 13, 1992)