People v. Hawa

The only matter of concern is the trial court’s refusal, after inspection, to permit defense counsel access to People’s Exhibit 5 for identification, a witness’ statement in narrative form made in preparation for trial by an Assistant District Attorney in his own hand. The trial court, of course, acted properly in the light of the rule of People v. Walsh (262 N. Y. 140) which at the time of trial was still the governing rule. However, thereafter the Court of Appeals decided People v. Rosario (9 N Y 2d 286) which in this respect overruled the Walsh case. It is also clear that the new rule is…