Legal Opinion

People v. Lumpkins

New York Supreme Court

Decided October 19, 1988PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Michael R. Juviler, J.

This is a decision after a hearing on a motion to vacate judgment under CPL 440.10. The defendant had been found guilty by a jury of murder in the second degree, and on August 10, 1987, I sentenced him to imprisonment for 24 years to life. The motion is granted for two reasons: (1) The People failed to turn over to the defense a "DD5” report prepared by the detective in charge of the investigation, which the defense had an absolute right to see because the detective testified for the People and his report related to the subject of his testimony; (2)…

2Cases cited33 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. United States v. BagleySupreme Court of the United States · 1985
  4. Giglio v. United StatesSupreme Court of the United States · 1972
  5. United States v. AgursSupreme Court of the United States · 1976

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3Cited by7 opinions

  1. Dabbs v. VergariNew York Supreme Court · 1990
  2. People v. CortezCriminal Court of the City of New York · 1990
  3. People v. CabonCriminal Court of the City of New York · 1990
  4. People v. Shulman, New York County Courts1997
  5. People ex rel. Lumpkins v. VaughanAppellate Division of the Supreme Court of the State of New York · 1996

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