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 of Appeals affirmed the Appellate Division’s decision that the trial court acted within its statutory discretion in denying the defendant’s application to reopen a pre‑trial Wade hearing, holding that the newly discovered Grand Jury testimony did not constitute "additional pertinent facts" relevant to suggestiveness. Justice Titone dissented, arguing that the Grand Jury testimony should have compelled a reopening of the hearing.