People v. Mitchell-Benetiz

Order unanimously reversed on the law, motion to renew and to suppress denied and matter remitted to Supreme Court for further proceedings on the indictment. Memorandum: Supreme Court erred in granting defendant’s motion to reopen the suppression hearing. The court may grant a motion to renew a suppression motion "upon a showing by the defendant, that additional pertinent facts have been discovered by the defendant which he could not have discovered with reasonable diligence before the determination of the motion” (CPL 710.40 [4]). Here, the additional facts relied upon by defendant in…