People v. Huynh
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered April 13, 1995, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
*656Ordered that the judgment is reversed, on the law, and a new trial is ordered.
Where the People fail to exercise due care in preserving Rosario material and the defendant is prejudiced thereby, the trial court must impose an appropriate sanction and its failure to do so requires reversal (see, People v Joseph, 86 NY2d 565). In this case, the trial court erred in refusing to impose any…
2Cases cited2 opinions
- People v. JosephNew York Court of Appeals · 1995
- People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by2 opinions
- People v. HagenAppellate Division of the Supreme Court of the State of New York · 1998
- People v. BurchAppellate Division of the Supreme Court of the State of New York · 1998