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Legal Opinion

People v. Spivey

New York Court of Appeals

Decided June 8, 1993PublishedCited by 29 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

On this appeal, we modify the order of the Appellate *359Division. The count of assault in the second degree, which had been dismissed by the Appellate Division, should be reinstated. Moreover, the Appellate Division’s direction to the trial court to fashion a remedy sanctioning the prosecution for failure to produce Rosario material should be deleted. We affirm that part of the order directing a new trial because an improper verdict sheet was submitted to the jury.

According to trial testimony, defendant was arrested by Transit Police Officer Stephen Schumacher after…

2Cases cited7 opinions

  1. People v. NimmonsNew York Court of Appeals · 1988
  2. People v. TaylorNew York Court of Appeals · 1990
  3. People v. KellyNew York Court of Appeals · 1990
  4. People v. FonsecaNew York Court of Appeals · 1975
  5. People v. SnowAppellate Division of the Supreme Court of the State of New York · 1988

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

3Cited by29 opinions

  1. People v. AngeloNew York Court of Appeals · 1996
  2. People v. DamianoNew York Court of Appeals · 1996
  3. People v. MillerNew York Court of Appeals · 2012
  4. Ortiz v. N.Y.S. Parole in Bronx, N.Y.Court of Appeals for the Second Circuit · 2009
  5. People v. NievesAppellate Division of the Supreme Court of the State of New York · 1994

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

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