People v. Thomas

—Judgment reversed, on the law, and a new trial granted. Memorandum: Defendants Sammy and Willie Gene Thomas were convicted of second degree murder following a joint trial by jury. At trial, defense counsel had requested for purposes of cross-examination the prior statements of several prosecution witnesses under People v Rosario (9 NY2d 286); however, during the prosecution’s case it was discovered that there were several police reports containing statements of prosecution witnesses which had not been given to defense counsel. The court ruled that defendants were not entitled to the police…