People v. Simon

—Judgment unanimously affirmed. Memorandum: In support of defendant’s motion to renew the suppression motion, defense counsel asserted that newly discovered evidence warranted reopening the hearing for a determination of whether a Payton violation had occurred. County Court properly denied that motion. "Because defendant had knowledge of the facts surrounding his arrest, those facts may not be considered 'additional pertinent facts * * * discovered by the defendant which he could not have discovered with reasonable diligence before the determination of the motion’ (CPL 710.40 [4])” (People v…