Legal Opinion

People v. Ward

New York Supreme Court

Decided December 13, 1983PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Herman Cahn, J.

Under CPL 240.45, the People are required to provide a defendant with any prior recorded statements made by a person whom the prosecutor intends to call as a witness, if it relates to the subject of the witness’ testimony. The issue before the court is whether that requirement applies even though those prior statements were the testimony of a witness at defendant’s previous trial and hence, were heard by defendant and are as accessible to him as they are to the People.

Defendant is indicted for a violation of section 220.43 of the Penal Law (criminal sale of…

2Cases cited4 opinions

  1. People v. RosarioNew York Court of Appeals · 1961
  2. People v. PooleNew York Court of Appeals · 1979
  3. In re John M.New York City Family Court · 1980
  4. People v. ZanottiNew York Court of Appeals · 1972

3Cited by4 opinions

  1. People v. CabanNew York Supreme Court · 1984
  2. People v. GrissomCriminal Court of the City of New York · 1985
  3. In re David G.New York City Family Court · 1984
  4. People v. Yanowitch, New York County Courts1988

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