Legal Opinion
People v. Vancleave
Appellate Division of the Supreme Court of the State of New York
Decided September 28, 2001PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him after a jury trial of promoting prison contraband in the first degree (Penal Law § 205.25 [2]), defendant contends that he was denied due process by the People’s failure to inform him in a timely manner that the contraband, i.e., a shank, had been destroyed. That contention is unpreserved for our review (see, CPL 470.05 [2]) and, in any event, is without merit. “[T]o be considered exculpatory and therefore subject to disclosure under Brady, the withheld evidence must actually bear on the issue of the…
2Cases cited5 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. BaldiNew York Court of Appeals · 1981
- Allen v. United StatesSupreme Court of the United States · 1896
- People v. FordAppellate Division of the Supreme Court of the State of New York · 1990
- Alas International Ltd. v. RamizAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by5 opinions
- People v. OdomAppellate Division of the Supreme Court of the State of New York · 2008
- People v. RoachAppellate Division of the Supreme Court of the State of New York · 2014
- People v. ColemanAppellate Division of the Supreme Court of the State of New York · 2026
- People v. RoachAppellate Division of the Supreme Court of the State of New York · 2014
- PeoplevRoachAppellate Division of the Supreme Court of the State of New York · 2014