People v. Baez

—Judgment, Supreme Court, Bronx County (Edward Davidowitz, J., at hearing; Gerald Sheindlin, J., at jury trial and sentence), rendered December 10, 1996, convicting defendant of criminal sale of a controlled substance in or near school grounds and unlawful possession of marihuana, and sentencing him to a term of 3 to 9 years, unanimously affirmed.

We find no violation of CPL 710.40 (3), which provides that when a suppression motion is made before trial, the trial may not be commenced until determination of the motion, because the motion had already been denied before jury selection was…