Legal Opinion
People v. Kevin W.
New York Court of Appeals
Decided November 21, 2013PublishedCited by 24 opinions
1Opinion of the Court
OPINION OF THE COURT
Read, J.
In People v Havelka (45 NY2d 636 [1978]), we held that the People, if afforded a full and fair opportunity to present evidence of the dispositive issues at a suppression hearing, are not entitled to a remand after appeal for a reopened hearing. We hold that the principles underlying Havelka have equivalent force in the pretrial setting, and preclude a trial judge from reopening a suppression hearing to give the People an opportunity to shore up their evidentiary or legal position absent a showing that they were deprived of a full and fair opportunity to be heard.
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On…
2Cases cited5 opinions
- People v. De BourNew York Court of Appeals · 1976
- People v. DodtNew York Court of Appeals · 1984
- People v. HavelkaNew York Court of Appeals · 1978
- People v. CrandallNew York Court of Appeals · 1987
- People v. BryantNew York Court of Appeals · 1975
3Cited by24 opinions
- People v. LewisAppellate Division of the Supreme Court of the State of New York · 2014
- People v. GnesinAppellate Division of the Supreme Court of the State of New York · 2015
- People v. BakshAppellate Division of the Supreme Court of the State of New York · 2014
- People v. LeeAppellate Division of the Supreme Court of the State of New York · 2016
- People v. FraserAppellate Division of the Supreme Court of the State of New York · 2020
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