The New York Court of Appeals has recently decided the last of a trilogy of decisions, which began over 40 years ago, and which define a court’s discretion to reopen a suppression hearing in a number of contexts. In People v. Cook, 2019 N.Y. Slip Op 09059 (2019), the court held that a suppression court retains the right to reopen a hearing after both parties have rested but before the court rules on the motion.

A request to reopen a hearing can be made, of course, by either the defense or prosecution. A defendant’s request is governed by statute. Under CPL §710.40, a defendant must make a two-pronged showing: the defendant (1) must establish “additional pertinent facts”; and, (2) must show that those facts could not have been discovered with reasonable diligence before the determination of the suppression motion.