Legal Opinion
Peoplev. Durden
Appellate Division of the Supreme Court of the State of New York
Decided May 9, 1994PublishedCited by 5 opinions
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Rappaport, J.), rendered February 14, 1991, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.
*481Ordered that the judgment is affirmed.
The order of trial prescribed by CPL 260.30 is not a rigid framework and the trial court has the discretionary power to alter the order of proof until such time as the case is submitted to the jury. Accordingly, the determination as to whether or not to reopen the trial is a matter resting within the sound discretion of the trial court…
2Cases cited4 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. FoyNew York Court of Appeals · 1973
- People v. OlsenNew York Court of Appeals · 1974
- People v. HinkleyAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by5 opinions
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2011
- People v. WhippleAppellate Division of the Supreme Court of the State of New York · 2000
- People v. WalkerAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2014
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2014