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PEOPLE v. GARCIA

Appellate Division of the Supreme Court of New York, Second Department.
Oct 13, 1992

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.