Legal Opinion
People v. LaSalle
Appellate Division of the Supreme Court of the State of New York
Decided October 6, 1997PublishedCited by 1 opinion
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered August 9, 1995, convicting him of sodomy in the first degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is reversed, on the law, and a new trial is ordered.
It is beyond cavil that reversal is required when the prosecution fails to turn over Rosario material (see, People v Machado, 90 NY2d 187; People v Banch, 80 NY2d 610; see generally, People v Rosario, 9 NY2d 286, cert denied 368 US 866). Further, under CPL 240.45 (1) (a), which codified the Rosario rule (see,…
Also in this document: Dissent.
2Cases cited25 opinions
- Kentucky v. StincerSupreme Court of the United States · 1987
- People v. RosarioNew York Court of Appeals · 1961
- People v. AllweissNew York Court of Appeals · 1979
- People v. NisoffNew York Court of Appeals · 1975
- People v. BanchNew York Court of Appeals · 1992
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3Cited by1 opinion
- People v. ValentineAppellate Division of the Supreme Court of the State of New York · 1998