New York Court of Appeals
The People of the State of New York, Respondent v. Erick Clark, Appellant
July 2, 199688 N.Y.2d 552
Summary
The Court affirmed the trial court's denial of the defendant's application to reopen a pretrial Wade hearing, holding that the newly discovered facts were not "additional pertinent facts" under CPL 710.40(4) because they were not pertinent to the issue of suggestiveness and therefore did not warrant a new hearing. Justice Titone dissented, arguing that the Grand Jury testimony did meet the statutory requirement and warranted reopening the hearing.