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PEOPLE v. DURDEN

204 A.D.2d 480 (1994)

614 N.Y.S.2d 171

The People of the State of New York, Respondent, v. Sherman Durden, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 9, 1994

Ordered 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 (see, People v Olsen,

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