Legal Opinion

People v. Caban

New York Supreme Court

Decided April 23, 1984PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Julius Vinik, J.

The issue before this court is whether the District Attorney must supply all defendants, indigent or not, with a free transcript of the testimony of the People’s witnesses given at a pretrial hearing. Is such testimony when given at a time that both defendant and his counsel are present Rosario material? Does CPL 240.45 (subd 1) require the District Attorney to supply these transcripts under all conditions? The court in People v Ward (121 Misc 2d 1092) apparently has answered these questions in the affirmative. This court respectfully disagrees.

After…

2Cases cited26 opinions

  1. People v. RosarioNew York Court of Appeals · 1961
  2. Britt v. North CarolinaSupreme Court of the United States · 1971
  3. Giles v. MarylandSupreme Court of the United States · 1967
  4. Roberts v. LaValleeSupreme Court of the United States · 1967
  5. People v. BallottNew York Court of Appeals · 1967

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

3Cited by5 opinions

  1. People v. ThompsonNew York Supreme Court · 1998
  2. People v. GrissomCriminal Court of the City of New York · 1985
  3. People v. CabanAppellate Division of the Supreme Court of the State of New York · 1986
  4. In re David K.New York City Family Court · 1985
  5. People v. Yanowitch, New York County Courts1988

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