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Legal Opinion

People v. Novoa

New York Court of Appeals

Decided November 25, 1987PublishedCited by 147 opinions

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

Central to this appeal are issues relating to promises of benefit by the prosecution to a trial witness who is under separate indictment for unrelated crimes. We conclude that the prosecutor here breached a duty to disclose such *493promises, to correct the witness’s testimony that she was promised nothing, and to refrain from misstatement in summation. In the circumstances of this case, where there was also a Rosario1 violation, the conviction must be vacated and a new trial ordered.

Defendant was charged with second degree murder for shooting Hippolito Rodriguez at…

2Cases cited15 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Giglio v. United StatesSupreme Court of the United States · 1972
  3. Napue v. IllinoisSupreme Court of the United States · 1959
  4. People v. RosarioNew York Court of Appeals · 1961
  5. People v. PelchatNew York Court of Appeals · 1984

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

3Cited by147 opinions

  1. People v. MartinezNew York Court of Appeals · 1988
  2. People v. VilardiNew York Court of Appeals · 1990
  3. People v. JonesNew York Court of Appeals · 1987
  4. People v. JacksonNew York Court of Appeals · 1991
  5. People v. SteadmanNew York Court of Appeals · 1993

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

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