In a decision that maintains the playing field, the New York Court of Appeals has ruled, in the context of a pretrial motion to reopen a suppression hearing, that the People may not present additional evidence to deny suppression when they had a full and fair opportunity to present their case. In reaching this decision, the court followed its earlier cases holding that appellate courts may not remit for a reopened hearing when this would have given prosecutors a “second bite of the apple.”
Firmly Established Principle
Thirty-five years ago, the court expressed the view that our system of justice “offers a single opportunity for the presentation and resolution of factual questions. If such a practice were not followed, the defendant, having prevailed at the hearing, would be haunted by the specter of renewed proceedings. Success at a suppression hearing would be nearly meaningless, for a second and perhaps a third hearing, could later be ordered.”1
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