Legal Opinion
People v. Kelly
New York Court of Appeals
Decided June 6, 1996PublishedCited by 48 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
These three unrelated appeals present a common question: Are interview notes and reports of the State Division of Parole material that prosecutors are required to provide to defense counsel under CPL 240.45 (1) (a) and People v Rosario (9 NY2d 286, cert denied 368 US 866)? Because Parole Division records are not generally in the possession or control of prosecutors and are plainly not so in these three cases under our well-developed precedents, we affirm the orders of the Appellate Division rejecting CPL 440.10 relief in each case.
The material facts and…
2Cases cited11 opinions
- People v. RosarioNew York Court of Appeals · 1961
- People v. RanghelleNew York Court of Appeals · 1986
- People v. FlynnNew York Court of Appeals · 1992
- People v. WashingtonNew York Court of Appeals · 1995
- People v. TissoisNew York Court of Appeals · 1988
6 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- People v. SantorelliNew York Court of Appeals · 2000
- People v. SorbelloAppellate Division of the Supreme Court of the State of New York · 2001
- People v. KronbergAppellate Division of the Supreme Court of the State of New York · 1998
- People v. LivingstonAppellate Division of the Supreme Court of the State of New York · 1999
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
43 more not listed; retrieve them via the Exa API.