Opinion
November 19, 1990
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is affirmed.
The Supreme Court properly denied the defendant's request for a Dunaway/Mapp hearing, foreclosing the defendant from litigating the question of probable cause for his arrest, which took place more than 10 years earlier. The defendant was originally tried and convicted of the instant offense in May 1978. He appealed from that judgment of conviction, and in January 1981, this court held the appeal in abeyance and ordered the reopening of the 1978 pretrial Huntley hearing (People v. Murray, 79 A.D.2d 993). Although Dunaway v. New York ( 442 U.S. 200) had not been decided when the defendant made his original pretrial suppression motion in 1977, that case, having been decided by the United States Supreme Court in 1979, had been in existence for two years when the defendant was litigating related questions at the reopened hearing ordered by this court, which was held on December 7, 1981. The defendant's May 1978 judgment of conviction was ultimately reversed by this court (People v. Murray, 130 A.D.2d 773), and a new trial was ordered. The defendant's failure to press the Dunaway issue at the reopened Huntley hearing was fatal to his attempt to raise it in his August 1987 postappeal suppression motion made in connection with his new trial (see generally, People ex rel. Rodriguez v. Hoke, 166 A.D.2d 767). Mangano, P.J., Thompson, Sullivan and Rosenblatt, JJ., concur.