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Legal Opinion

People v. Banch

New York Court of Appeals

Decided December 22, 1992PublishedCited by 136 opinions

1Opinion of the Court

OPINION OF THE COURT

Kaye, J.

This appeal centers on the People’s conceded failures, during a pretrial suppression hearing and again at trial, to provide defendant with several items of Rosario material. We conclude, for the reasons that follow, that there should be a new hearing and a new trial.

I

Defendant was convicted, upon a jury verdict, of first degree manslaughter, attempted second degree murder and several related charges stemming from the shooting death of a woman on a Queens sidewalk, and the ensuing pursuit and capture of defendant by witnesses to the shooting. While being subdued,…

2Cases cited16 opinions

  1. People v. RosarioNew York Court of Appeals · 1961
  2. People v. CableNew York Court of Appeals · 1984
  3. People v. MartinezNew York Court of Appeals · 1988
  4. People v. RanghelleNew York Court of Appeals · 1986
  5. People v. KellyNew York Court of Appeals · 1984

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

3Cited by136 opinions

  1. Maurice Mayo v. Robert J. Henderson, Superintendent, Robert Abrams, Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 1994
  2. People v. FeerickNew York Court of Appeals · 1999
  3. People v. Baghai-KermaniNew York Court of Appeals · 1994
  4. People v. RoseAppellate Division of the Supreme Court of the State of New York · 1995
  5. People v. JosephNew York Court of Appeals · 1995

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

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