Legal Opinion

People v. Benton

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

Decided September 30, 2011PublishedCited by 11 opinions

1Opinion of the Court

Memorandum:

Defendant appeals from a judgment convicting

him upon a nonjury verdict of two counts of robbery in the second degree (Penal Law § 160.10 [1], [2] [a]). On a prior appeal, we reversed the order that, inter alia, granted defendant’s motion to set aside the verdict pursuant to CPL 330.30 (1), and we reinstated the verdict (People v Benton, 78 AD3d 1545 [2010], lv denied 16 NY3d 828 [2011]). Defendant failed to preserve for our review his contention that the People committed a Brady violation by failing to disclose a report (hereafter, DNA report) containing the results of DNA analysis…

2Cases cited7 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. ScottAppellate Division of the Supreme Court of the State of New York · 2006

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

3Cited by11 opinions

  1. People v. MorrisonAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. KesslerAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. PowellAppellate Division of the Supreme Court of the State of New York · 2012
  4. People v. JonesAppellate Division of the Supreme Court of the State of New York · 2011
  5. JONES, TIMOTHY, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2011

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

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