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PEOPLE v. BANNER

61 A.D.3d 592 (2009)

877 N.Y.S.2d 312

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROHAN BANNER, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 28, 2009.

The court properly granted the People's application, made before it had rendered any decision, to reopen the suppression hearing in order to adduce additional testimony curing a deficiency in the proof establishing probable cause for defendant's arrest (see People v Cestalano, 40 A.D.3d 238, 238-239 [2007], lv denied 9 N.Y.3d 921 [2007]). The risk of tailoring or prejudice was minimal, particularly since the additional information...

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