Legal Opinion
People v. DaGata
New York Court of Appeals
Decided June 8, 1995PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The issues here are whether (1) FBI notes related to a one-page DNA testing report are within the scope of the discovery rule of CPL 240.20, (2) the prosecution was required to provide these notes upon defendant’s request, notwithstanding that they were not in its possession, and (3) the trial court erred by refusing to direct that defendant receive the notes the FBI used in analyzing DNA evidence in this rape case. Because the defendant repeatedly sought the notes, and they have not been provided to him, we modify and remit to the trial court.
Defendant was…
2Cases cited9 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- People v. RosarioNew York Court of Appeals · 1961
- People v. FloresNew York Court of Appeals · 1994
- People v. VilardiNew York Court of Appeals · 1990
- People v. WesleyNew York Court of Appeals · 1994
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- People v. SantorelliNew York Court of Appeals · 2000
- People v. ColavitoNew York Court of Appeals · 1996
- People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2007
- Sacket v. BartlettAppellate Division of the Supreme Court of the State of New York · 1998
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2012
21 more not listed; retrieve them via the Exa API.