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PEOPLE v. SUPHAL

7 A.D.3d 547 (2004)

776 N.Y.S.2d 101

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IVAN MICHAEL SUPHAL, Also Known as MICHAEL SUPHAL, Appellant.

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

May 3, 2004.

Ordered that the judgment is affirmed.

The hearing court providently exercised its discretion in, sua sponte, before rendering its decision on the merits, reopening the suppression hearing to permit the People to present an additional witness on the issue of whether the police had probable cause to arrest the defendant (see People v Torres, 257 A.D.2d 672 [1999]; People v Colon, 228 A.D.2d 449

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