People v. Jackson

OPINION OF THE COURT

Kassal, J.

Where a delay in the delivery of Rosario material has permanently foreclosed its use by defense counsel, the violation must be deemed to constitute not a mere delay, subject to prejudice analysis, but a complete failure to produce, requiring automatic reversal.

During the early morning hours of August 18, 1984, Patricia Sprauve died in an upper Manhattan courtyard on West 147th Street, from a gunshot wound to the chest. Four months later, on December 22, 1984, Anthony Stewart, arrested on the complaint of defendant, Mildred Jackson, for the rape and sodomy of her…