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PEOPLE v. WHIPPLE

97 N.Y.2d 1 (2001)

760 N.E.2d 337

734 N.Y.S.2d 549

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DARWIN WHIPPLE, Respondent.

Court of Appeals of the State of New York.

Decided November 15, 2001.

Attorney(s) appearing for the Case

Stephen F. Lungen, District Attorney of Sullivan County, Monticello (Bonnie Mitzner and Karen Mannino of counsel), for appellant.

Phillips, Lytle, Hitchcock, Blaine & Huber, L. L. P., Buffalo (Michael B. Powers of counsel), for respondent.

Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur; Judge GRAFFEO taking no part.

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...

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