Legal Opinion
People v. Defina
Appellate Division of the Supreme Court of the State of New York
Decided December 28, 1998PublishedCited by 2 opinions
1Opinion of the Court
—Appeal by the defendant, by permission, from an order of the Supreme Court, Kings County (Hall, J.), dated January 23, 1998, which denied his motion pursuant to CPL 440.10 to vacate his judgment of conviction.
Ordered that the order is affirmed.
The defendant argues that the People’s failure to turn over message number 5 on a “Sprint Tape”, was a violation of People v Rosario (9 NY2d 286, cert denied 368 US 866), since the message contained statements made by prosecution witnesses. Contrary to the defendant’s contention, to the extent that message number 5 contained a statement by a…
2Cases cited6 opinions
- People v. RosarioNew York Court of Appeals · 1961
- People v. PooleNew York Court of Appeals · 1979
- People v. BaileyAppellate Division of the Supreme Court of the State of New York · 1994
- People v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1991
- People v. MelendezAppellate Division of the Supreme Court of the State of New York · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rudenko v. CostelloCourt of Appeals for the Second Circuit · 2002
- Rudenko v. CostelloCourt of Appeals for the Second Circuit · 2002