Legal Opinion

People v. Restivo

Appellate Division of the Supreme Court of the State of New York

Decided November 7, 1994PublishedCited by 2 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Nassau County (O’Shaughnessy, J.), rendered February 24, 1987, convicting him of murder in the second degree (two counts) and rape in the first degree, upon a jury verdict, and imposing sentence.

*449Ordered that the judgment is affirmed.

The defendant contends that he was wrongfully denied Rosario material because the prosecutor impermissibly withheld from the defense the Grand Jury testimony of witness Michael Cockerel (see, People v Rosario, 9 NY2d 286, cert denied 368 US 866). Since Cockerel was not called by the People to testify at…

2Cases cited8 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. People v. RosarioNew York Court of Appeals · 1961
  3. People v. SavvidesNew York Court of Appeals · 1956
  4. People v. MitchellNew York Court of Appeals · 1992
  5. People v. NovoaNew York Court of Appeals · 1987

3 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. People v. FlorezAppellate Division of the Supreme Court of the State of New York · 1999
  2. Barbour v. PeopleNew York Supreme Court · 1994

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