New York Court of Appeals
The People of the State of New York, Appellant v. Darwin Whipple, Respondent
November 15, 200197 N.Y.2d 1
Summary
The Court held that a trial court may reopen the People’s case to present omitted evidence when the missing element is simple to prove, not contested, and reopening does not unduly prejudice the defense. Accordingly, it reversed the Appellate Division and remanded for factual determination.