People v. Lynch

OPINION OF THE COURT

Dargel 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 *815on that date. The People’s current motion to reargue was filed with the court on December 9, 2002, almost three months later. Defendant argues that this reargument motion is untimely.

The People’s motion to reargue is timely. In People v Hernandez (255 AD2d 112 [1st Dept 1998], lv denied 93 NY2d 874 [1999]), the Appellate…