Legal Opinion
People v. Machado
New York Supreme Court
Decided September 28, 1993PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
James G. Starkey, J.
Defendant has moved pursuant to CPL 440.10 (1) (f) and (h) for an order vacating his convictions of kidnapping in the second degree and assault in the second degree. The question presented is whether the failure by the prosecution during the trial to make delivery to defense counsel of a one paragraph summary of the evidence in a police department report — the existence of which was unknown to the prosecution — requires a new trial, even when it is clear that the absence of the report did not affect the outcome of the trial.
THE FACTS
On February 22, 1988…
2Cases cited21 opinions
- Jencks v. United StatesSupreme Court of the United States · 1957
- People v. RosarioNew York Court of Appeals · 1961
- Palermo v. United StatesSupreme Court of the United States · 1959
- United States v. AugenblickSupreme Court of the United States · 1969
- People v. ConsolazioNew York Court of Appeals · 1976
16 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. MacHadoNew York Court of Appeals · 1997