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PEOPLE v. KEVIN W.

No. 187

22 N.Y.3d 287 (2013)

3 N.E.3d 1121

980 N.Y.S.2d 873

2013 NY Slip Op 7761

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KEVIN W., Respondent.

Court of Appeals of New York.

Decided November 21, 2013.

Attorney(s) appearing for the Case

Richard A. Brown , District Attorney, Kew Gardens ( Danielle S. Fenn and John M. Castellano of counsel), for appellant.

Lynn W.L. Fahey , Appellate Advocates, New York City ( Joshua M. Levine of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, PIGOTT, RIVERA and ABDUS-SALAAM concur with Judge READ; Judge SMITH dissents and votes to reverse in an opinion.

OPINION OF THE COURT

READ, J.

In People v Havelka (45 N.Y.2d 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...

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