Legal Opinion
People v. Pena
New York Supreme Court
Decided March 4, 1985PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Lorraine S. Miller, J.
Defendant, charged with the crimes of rape, first degree (5 counts), sodomy, first degree (5 counts), and sexual abuse, first degree (8 counts), moved for discovery concerning the Rape Crisis Center where complainant received counseling and the dates thereof. The prosecution opposed discovery on three grounds: (a) confidentiality of such information; (b) failure of defendant to present factual allegations that such information and records are relevant and material on the issue of guilt or innocence; and (c) absence of statutory or common-law authority…
2Cases cited7 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- People v. RosarioNew York Court of Appeals · 1961
- People v. GissendannerNew York Court of Appeals · 1979
- Commonwealth v. SantosMassachusetts Supreme Judicial Court · 1978
- Commissioner of Social Services v. David R. S.New York Court of Appeals · 1982
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Commonwealth v. BishopMassachusetts Supreme Judicial Court · 1993
- Commonwealth v. Two JuvenilesMassachusetts Supreme Judicial Court · 1986
- People v. KimAppellate Division of the Supreme Court of the State of New York · 1988
- People v. TissoisAppellate Division of the Supreme Court of the State of New York · 1987
- People v. ThomasNew York Supreme Court · 1990
3 more not listed; retrieve them via the Exa API.