People v. Potter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously vacated and new trial granted. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of burglary in the second degree (Penal Law § 140.25 [2]). He also appeals from two orders that denied *832his CPL article 440 motions to vacate the judgment of conviction. Defendant contends that reversal is required based on the People’s failure to turn over tape-recorded conversations between prosecution witnesses and based on ineffective assistance of counsel. We agree.
At trial, two prosecution witnesses testified that defendant waited in the car for them…
2Cases cited9 opinions
- People v. BaldiNew York Court of Appeals · 1981
- People v. RosarioNew York Court of Appeals · 1961
- People v. MartinezNew York Court of Appeals · 1988
- People v. RanghelleNew York Court of Appeals · 1986
- People v. KellyNew York Court of Appeals · 1984
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. MorriceAppellate Division of the Supreme Court of the State of New York · 2009
- People v. GrantierAppellate Division of the Supreme Court of the State of New York · 2002
- People v. HallAppellate Division of the Supreme Court of the State of New York · 2000
- People v. PotterAppellate Division of the Supreme Court of the State of New York · 1998
- People v. PotterAppellate Division of the Supreme Court of the State of New York · 1998
1 more not listed; retrieve them via the Exa API.