People v. Gilligan

Memorandum. The order of the Appellate Division should be reversed and a new trial ordered.

It was error for the trial court to deny defense counsel’s request to inspect, for possible use on cross-examination, the written notes and reports made by the several police officers in the course of their investigation (People v Persico, 24 NY2d 758; People v Malinsky, 15 NY2d 86, 90-91; People v Rosario, 9 NY2d 286; see Jencks v United States, 353 US 657; cf. CPL art 240). Reliance on the in camera finding that the material had "nothing in it exculpatory to the defendant” was not in accord with our…