New York Court of Appeals, 1981

People v. Fuentes

New York Court of Appeals · Decided May 12, 1981 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur

53 N.Y.2d 892; 423 N.E.2d 48; 440 N.Y.S.2d 625; 1981 N.Y. LEXIS 2459

Cases that cite this one

38 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Clark (N.Y. 1996)
People v. Baba-Ali (New York Supreme Court 1992)
People v. Miller (N.Y. 1985)
People v. Clements (Appellate Division of the Supreme Court of New York 2023)
People v. Henry (Appellate Division of the Supreme Court of New York 2018)
People v. Quigley (Appellate Division of the Supreme Court of New York 2018)
People v. Gilley (Appellate Division of the Supreme Court of New York 2018)
People v. Newell (Appellate Division of the Supreme Court of New York 2017)
People v. Newell (Appellate Division of the Supreme Court of New York 2017)
People v. Robinson (Appellate Division of the Supreme Court of New York 2016)
People v. Rivera (Appellate Division of the Supreme Court of New York 2015)
People v. Thompson (Appellate Division of the Supreme Court of New York 2014)
People v. Thompson (Appellate Division of the Supreme Court of New York 2014)
People v. Moore (Appellate Division of the Supreme Court of New York 2014)
People v. Moore (Appellate Division of the Supreme Court of New York 2014)
People v. Bellamy (Appellate Division of the Supreme Court of New York 2014)
People v. Bellamy (Appellate Division of the Supreme Court of New York 2014)
People v. Jackson (Appellate Division of the Supreme Court of New York 2012)
People v. Jackson (Appellate Division of the Supreme Court of New York 2012)
People v. McDonald (Appellate Division of the Supreme Court of New York 2011)
People v. McCrary (Appellate Division of the Supreme Court of New York 2010)
People v. Delamota (Appellate Division of the Supreme Court of New York 2010)
People v. Rhodes (Appellate Division of the Supreme Court of New York 2009)
People v. Velez (Appellate Division of the Supreme Court of New York 2007)
People v. Fulton (Appellate Division of the Supreme Court of New York 2006)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We agree with the court below that the trial court did not abuse its discretion when it denied defendant’s requests to reopen the Wade hearing during the course of the trial. A trial court may reopen a pretrial hearing if it “is satisfied, upon a showing by the defendant, that additional pertinent facts have been discovered by the defendant which he could not have discovered with reasonable diligence before the determination” of his pretrial application. (CPL 710.40, subd 4.) Here, defendant failed to establish any such pertinent facts in support of his motions at trial which would justify the reopening of the Wade hearing. Thus, the trial court committed no error when it refused defendant’s requests to reopen the hearing.

We have considered defendant’s remaining contentions and have found them to be without merit.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.