Legal Opinion

People v. Feurtado

Appellate Division of the Supreme Court of the State of New York

Decided December 26, 2013Published

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered June 13, 2011, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to establish that he was prejudiced by the loss of certain Rosario material (see People v Rosario, 9 NY2d 286 [1961], cert denied 368 US 866 [1961]), and thus, the Supreme Court properly declined to give an adverse inference charge with respect to the content of that material (see CPL 240.75; People v Brown, 71 AD3d 1043 [2010]; People…

2Cases cited10 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. BaldiNew York Court of Appeals · 1981
  4. People v. BeneventoNew York Court of Appeals · 1998
  5. People v. RosarioNew York Court of Appeals · 1961

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