People v. Ruth
| Decision Date | 27 April 1999 |
| Citation | 260 A.D.2d 296,689 N.Y.S.2d 51 |
| Court | New York Supreme Court — Appellate Division |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>BENJAMIN P. RUTH, Appellant. |
Concur — Ellerin, J. P., Sullivan, Wallach, Lerner and Buckley, JJ.
The court's summary denial of defendant's request for a Mapp/Dunaway hearing was proper. Defendant's initial motion papers were clearly insufficient to warrant such a hearing (see, People v Mendoza, 82 NY2d 415), and the court's refusal to consider defendant's supplementary affirmation alleging facts in defendant's actual knowledge from the inception of the case was not an abuse of discretion. Defendant "fail[ed] to offer a valid excuse for not submitting the additional facts upon the original application." (Foley v Roche, 68 AD2d 558, 568.) Furthermore, the fact that the court ordered a Huntley hearing involving the same witnesses did not obligate it to order a Mapp/Dunaway hearing as a matter of discretion (People v Mendoza, 82 NY2d 415, 429-430, supra).
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