People v. Kevin W.

After an altercation with police officers at a train station, Defendant and his brother fled the scene, leaving a bag on the platform. Based on the bag's contents, Defendant was arrested and charged with second-degree criminal possession of a weapon and resisting arrest. The police officers later identified Defendant in a photo array. Defendant moved to suppress the contents of the bag and the identifications. Supreme Court initially granted the motion but subsequently reopened the suppression hearing and denied the motion to suppress. After a jury trial, Defendant was convicted as charged. The Appellate Division reversed, concluding that Supreme Court (1) erred when it reopened the suppression hearing because the People had been given the opportunity to present their evidence the first time around, and (2) should have granted reargument rather than reopening and, upon reargument, adhered to its initial suppression order because the police lacked reasonable suspicion to stop Defendant. The Court of Appeals affirmed, holding that the principles underlying People v. Havelka preclude a trial judge from reopening a suppression hearing to give the People an opportunity to shore up their evidentiary or legal position absent a showing they were deprived of a full and fair opportunity to be heard. View "People v. Kevin W." on Justia Law