Summary
In Delgado, the exceptional circumstances apparently arose from the inadequacy of the moving papers, upon which a hearing was granted, and the fact that the trial court was considerably more familiar with the facts of the case than the motion court.
Summary of this case from People v. BezjakOpinion
March 26, 1996
Appeal from the Supreme Court, New York County (Felice Shea, J.).
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.