Legal Opinion

Brown v. Appelman

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

Decided April 27, 1998PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Miller, J.

The instant proceeding raises a settled issue that has been litigated with renewed vigor in light of the reinstitution of capital punishment in this State. Notwithstanding that this is a potential capital prosecution, the Supreme Court still lacks the authority to afford murder suspects preindictment discovery of physical evidence. Accordingly, prohibition lies and we grant the petition of the District Attorney.

On or about June 8, 1997, Anita Stewart, Sharrone Stewart, and Aaron Stewart were killed in an apartment in Queens County. The apartment was the residence…

2Cases cited28 opinions

  1. Hearst Corp. v. ClyneNew York Court of Appeals · 1980
  2. Rush v. MordueNew York Court of Appeals · 1986
  3. Holtzman v. GoldmanNew York Court of Appeals · 1988
  4. People v. MartinezNew York Court of Appeals · 1988
  5. People v. KellyNew York Court of Appeals · 1984

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

3Cited by20 opinions

  1. People v. ReeseAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. SawyerAppellate Division of the Supreme Court of the State of New York · 2000
  3. Brown v. JosephAppellate Division of the Supreme Court of the State of New York · 2001
  4. Phillips v. RamseyAppellate Division of the Supreme Court of the State of New York · 2007
  5. People v. HallNew York Supreme Court · 1998

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

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