Legal Opinion

People v. DiGuglielmo

New York Court of Appeals

Decided June 23, 2011PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Assuming that defendant made a specific request for the material alleged to be exculpatory, we find no reasonable possibility that any failure to disclose it contributed to the verdict (see People v Vilardi, 76 NY2d 67, 77 [1990]). Moreover, we reject defendant’s claim that the evidence supporting his conviction of depraved indifference murder is legally insufficient because of our decision in People v Feingold (7 NY3d 288 [2006]). The standard enunciated in Feingold simply does not apply retroactively to…

2Cases cited4 opinions

  1. Wainwright v. StoneSupreme Court of the United States · 1973
  2. People v. VilardiNew York Court of Appeals · 1990
  3. People v. FeingoldNew York Court of Appeals · 2006
  4. Policano v. HerbertNew York Court of Appeals · 2006

3Cited by10 opinions

  1. People v. HamiltonAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. FisherAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. LebronAppellate Division of the Supreme Court of the State of New York · 2015
  4. DiGuglielmo v. New YorkSupreme Court of the United States · 2011
  5. People v. DraytonAppellate Division of the Supreme Court of the State of New York · 2018

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