Legal Opinion
People v. MacHado
New York Court of Appeals
Decided June 10, 1997PublishedCited by 37 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
On direct appeal from a judgment of conviction, reversal is required when the prosecution has failed to turn over Rosario material. On CPL 440.10 motions made after direct appeal has been concluded, however, for vacatur of a conviction a defendant must demonstrate prejudice — meaning a reasonable pos sibility that the prosecution’s failure to make Rosario disclosure materially contributed to the verdict. This appeal raises yet another novel question in our Rosario jurisprudence: which of the two standards applies when a CPL 440.10 motion is made before a…
2Cases cited11 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. RosarioNew York Court of Appeals · 1961
- People v. RanghelleNew York Court of Appeals · 1986
- People v. VilardiNew York Court of Appeals · 1990
- People v. ConsolazioNew York Court of Appeals · 1976
6 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- People v. WolfNew York Court of Appeals · 2002
- People v. SorbelloAppellate Division of the Supreme Court of the State of New York · 2001
- People v. TigerNew York Court of Appeals · 2018
- Rafael Flores v. Joseph Demskie, Superintendent of Woodbourne Correctional FacilityCourt of Appeals for the Second Circuit · 2000
- People v. KronbergAppellate Division of the Supreme Court of the State of New York · 1998
32 more not listed; retrieve them via the Exa API.