People v. Lawrence

Memorandum. The order of County Court should be affirmed.

We reject defendants’ contentions that they were denied due process and equal protection of the law because, pursuant to the explicit provisions of CPL 710.40 (subd 3), at the request of the People the trial court determined defendants’ pretrial motion to suppress during the course of their trial. This court has taken note both of the advantages and the hazards of such telescoping of pretrial hearings into the main trial (People v Ganci, 27 NY2d 418, and concurring opn, Breitel, J., at p 430). The particular provision with respect to…