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…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
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The People of the State of New York
v.
Jalil Lynch
v.
Jalil Lynch
Appellate Division of the Supreme Court of the State of New York.
Dec 22, 1995.
Published
—Judgment unanimously affirmed. Counsel’s application to withdraw granted (see, People v Crawford, 71 AD2d 38). (Appeal from Judgment of Ontario County Court, Henry, Jr., J. — Criminal Sale Controlled Substance, 3rd Degree.) Present — Denman, P. J., Green, Wesley, Balio and Boehm, JJ.