People v. Geathers
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
George Bundy Smith, J.
The issue here is the action to be taken by a court when an undercover officer has made notes of a drug transaction and has destroyed those notes prior to trial. On the facts of this case, the notes were Rosario material which the People were required to produce pursuant to CPL 240.45. Because of their failure to produce them, some sanction was warranted. Accordingly, we reverse the conviction and order a new trial.
The facts of the case are simple. Defendant was convicted of the criminal sale of a controlled substance in the third degree and sentenced…
2Cases cited10 opinions
- People v. RosarioNew York Court of Appeals · 1961
- People v. MartinezNew York Court of Appeals · 1988
- People v. RanghelleNew York Court of Appeals · 1986
- People v. KellyNew York Court of Appeals · 1984
- People v. ConsolazioNew York Court of Appeals · 1976
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3Cited by8 opinions
- People v. SerrandoAppellate Division of the Supreme Court of the State of New York · 1992
- People v. ButlerAppellate Division of the Supreme Court of the State of New York · 1993
- People v. FigueroaAppellate Division of the Supreme Court of the State of New York · 1995
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1992
- People v. CortezAppellate Division of the Supreme Court of the State of New York · 1992
3 more not listed; retrieve them via the Exa API.