State v. Williams

ARNOLD, Judge.

Defendant contends the trial court erred in denying his motion to suppress based on a failure to timely file that motion. He argues that his motion was filed before trial, as required by N.C. Gen. Stat. § 15A-975 and, furthermore, that his motion could have been filed during trial because the requirements of N.C. Gen. Stat. § 15A-975(b) were satisfied.

N.C. Gen. Stat. § 15A-977 provides in pertinent part:(c) The judge may summarily deny the motion to suppress evidence if:(1) The motion does not allege a legal basis for the motion; or(2) The affidavit does not as a matter of law…