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PEOPLE v. SOMERVILLE

283 A.D.2d 596 (2001)

724 N.Y.S.2d 656

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN SOMERVILLE, Appellant.

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

Decided May 21, 2001.

Ordered that the judgment is affirmed.

The trial court providently exercised its discretion in granting the People's motion to reopen the suppression hearing. Although the People do not have an unlimited right to a rehearing where they have had a full and fair opportunity to present evidence (see, People v Havelka, 45 N.Y.2d 636, 643), the record indicates that the prosecutor obtained potentially critical new evidence after...

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