Legal Opinion

People v. DiSimone

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

Decided October 7, 2002PublishedCited by 4 opinions

1Opinion of the Court

Appeal by the *400defendant from a judgment of the Supreme Court, Westchester County (Cowhey, J.), rendered January 26, 2001, convicting him of murder in the second degree and tampering with physical evidence (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, reversal is not required based on a Brady violation (see Brady v Maryland, 373 US 83). At a minimum, the information was disclosed to the defendant in time to give him a meaningful opportunity to use it (see People v Cortijo, 70 NY2d 868, 870; People v…

2Cases cited4 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. CortijoNew York Court of Appeals · 1987
  4. People v. AhmedAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by4 opinions

  1. Anthony Disimone, Petitioner-Appellee-Cross-Appellant v. William E. Phillips, Eliot L. Spitzer, Respondents-Appellants-Cross-AppelleesCourt of Appeals for the Second Circuit · 2006
  2. DiSimone v. PhillipsCourt of Appeals for the Second Circuit · 2008
  3. DiSimone v. PhillipsCourt of Appeals for the Second Circuit · 2008
  4. People v. DiSimoneNew York Supreme Court · 2009

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