| People v Rhodes |
| 2009 NY Slip Op 01679 [60 AD3d 705] |
| March 3, 2009 |
| Appellate Division, Second Department |
| 83—The People of the State of New York,Respondent, v Eric Rhodes, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JeanetteLifschitz, and Danielle Hartman of counsel; Joshua Schlenger on the brief), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Cooperman, J.), rendered September 11, 2007, convicting him of criminal possession of aweapon in the third degree (two counts) and unlawful possession of marijuana, after a nonjurytrial, and imposing sentence. The appeal brings up for review the denial, after a hearing (Aloise,J.), of the defendant's motion to suppress physical evidence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the court did not improvidently exercise its discretionin denying his motion, made during trial, to reopen the pretrial suppression hearing inasmuch asthe defendant failed to show that he had discovered additional [*2]pertinent facts which he could not have discovered with reasonablediligence before the determination of the motion and which would have materially affected thatdetermination (see CPL 710.40 [4]; People v Clark, 88 NY2d 552, 555 [1996];People v Fuentes, 53 NY2d 892 [1981]; cf. People v Velez, 39 AD3d 38 [2007]).
The defendant's remaining contentions are without merit. Rivera, J.P., Fisher, Leventhal andChambers, JJ., concur.