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THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff,<BR> v. <BR>LAWRENCE LYNCH, Defendant.

Robert T. Johnson, District Attorney, Bronx (Brian Rudner of counsel), for plaintiff. Martin Galvin, Bronx, for defendant.

OPINION OF THE COURT

DARCEL CLARK, J. The People have filed a motion to reargue this court's decision granting a pretrial "Mapp/VTL 1194" hearing. The decision was rendered in court on September 19, 2002 with a copy being personally served on both the prosecutor and defendant test. The People bear the burden of proving, by a preponderance of the evidence, that the warnings were given in clear and unequivocal language and defendant persisted in his refusal. In addition, defendant's request for a Dunaway portion of the hearing is granted. This decision does not affect the other issues decided in the original opinion, which remain in full force and effect. [*] This is not to say, of course, that a party can move to reargue at will until the entry of a final judgment merely because the other side has neglected to serve a copy of a decision. A motion to reargue can be made only when the court allegedly has overlooked or misapprehended a fact or legal principle. (See generally CPLR 2221 [d] [2].)

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People v. Lynch
(Mar 11, 2003)