Legal Opinion

People v. Fappiano

New York Supreme Court

Decided February 10, 1987PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Julius Vinik, J.

Defendant moves to vacate his judgment of conviction on the grounds that the prosecutor did not inform him that the complaining witness was an alcoholic at the time of the *694alleged crimes and that she received treatment from a police department psychologist soon thereafter (CPL 440.10 [1] [b], [g], M).

Defendant was convicted of burglary in the first degree (Penal Law § 140.30) and various sex crimes in August of 1985 and subsequently sentenced.1 The evidence at trial established that early one morning, a man entered the home of the victim, Theresa Scotti,…

2Cases cited24 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. BagleySupreme Court of the United States · 1985
  3. Giglio v. United StatesSupreme Court of the United States · 1972
  4. Moore v. IllinoisSupreme Court of the United States · 1972
  5. People v. GissendannerNew York Court of Appeals · 1979

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3Cited by6 opinions

  1. Fappiano v. New York City Police DepartmentNew York Court of Appeals · 2001
  2. People v. FappianoAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. JacksonNew York Supreme Court · 1992
  4. People v. Shulman, New York County Courts1997
  5. People v. Cesar G.Criminal Court of the City of New York · 1991

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