Legal Opinion

People v. Howard

New York Court of Appeals

Decided February 13, 1996PublishedCited by 34 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The statements of witnesses made during defendant’s prison disciplinary proceeding were not within the People’s control and therefore did not constitute Rosario material. The statements in question were embodied in transcripts that were generated and held by the State Department of Correctional Services. That agency has no duty to share such material with the District Attorney for the county in which the underlying conduct occurred. Further, although Correction Department facilities are at the end of the…

2Cases cited6 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. MobleyNew York Court of Appeals · 1982
  4. People v. NormanNew York Court of Appeals · 1995
  5. People v. WashingtonNew York Court of Appeals · 1995

1 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. People v. KellyNew York Court of Appeals · 1996
  2. People v. FicarrotaNew York Court of Appeals · 1997
  3. People v. BarzeeAppellate Division of the Supreme Court of the State of New York · 2021
  4. People v. HawesAppellate Division of the Supreme Court of the State of New York · 2002
  5. People v. KronbergAppellate Division of the Supreme Court of the State of New York · 1998

29 more not listed; retrieve them via the Exa API.

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