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Legal Opinion

People v. Morris

Criminal Court of the City of New York

Decided December 21, 2000Published

1Opinion of the Court

*565OPINION OF THE COURT

Raymond Guzman, J.

The defendant has moved this court to remedy a Rosario violation. Specifically, the defendant has asked for both a de novo pretrial (Dunaway/Huntley/Wade) suppression hearing, and for a hearing to determine appropriate sanctions, such as that held in People v Martinez (71 NY2d 937 [1988]). In addition, the defendant has moved to preclude the introduction of certain non-Rosario material (the tape of a 911 call) in evidence at trial.

The objective is to fashion a commonsensical remedy which will eliminate prejudice to the defendant. Accordingly, a reopened…

2Cases cited8 opinions

  1. People v. RosarioNew York Court of Appeals · 1961
  2. People v. MartinezNew York Court of Appeals · 1988
  3. People v. KellyNew York Court of Appeals · 1984
  4. People v. BanchNew York Court of Appeals · 1992
  5. People v. FeerickNew York Court of Appeals · 1999

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