People v. Whipple

OPINION OF THE COURT

Chief Judge Kaye.

The issue on this appeal is whether, when the People rest without evidence establishing an element of an offense, and the defendant moves for a trial order of dismissal on that basis, the trial court can permit the People to reopen their case and cure the omission. We conclude that reopening is permissible where the missing element is simple to prove and not seriously contested, and reopening the case does not unduly prejudice the defense. Because this rule did not, as a matter of law, preclude the trial court’s decision to let the People present limited…