Legal Opinion
People v. Cheney
Appellate Division of the Supreme Court of the State of New York
Decided December 26, 1991PublishedCited by 7 opinions
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: The verdict was not against the weight of the evidence.
We reject defendant’s request that we remit the matter to the trial court to determine if the prosecutor violated his obligation under People v Rosario (9 NY2d 286, rearg denied 9 NY2d 908, cert denied 368 US 866, rearg denied 14 NY2d 876, 15 NY2d 765). Defendant admits that the record on appeal is insufficient for us to determine whether any Rosario violation occurred. It was appellant’s burden to present a clear factual record for review (People v Rashid, 164 AD2d 951, lv denied 76 NY2d 943;…
2Cases cited4 opinions
- People v. RosarioNew York Court of Appeals · 1961
- People v. HentleyAppellate Division of the Supreme Court of the State of New York · 1989
- People v. RashidAppellate Division of the Supreme Court of the State of New York · 1990
- People v. NunessAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by7 opinions
- People v. LarrabeeAppellate Division of the Supreme Court of the State of New York · 1994
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MarvinAppellate Division of the Supreme Court of the State of New York · 1995
- People v. CiroAppellate Division of the Supreme Court of the State of New York · 1993
- People v. BellAppellate Division of the Supreme Court of the State of New York · 1993
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