Legal Opinion

People v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided February 5, 1993PublishedCited by 9 opinions

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: Defendant contends that reversal is mandated because Supreme Court failed to sanction the People for their failure to provide him with the statements of two witnesses before the direct examination of those witnesses. The People’s delay in complying with the provisions of CPL 240.45 mandates reversal only when the delay substantially prejudices defendant (see, People v Ranghelle, 69 NY2d 56, 63; People v Ciola, 136 AD2d 557, 558, lv denied 71 NY2d 893). Because defendant was able to inspect the statements before cross-examination, and because he did…

2Cases cited12 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. RanghelleNew York Court of Appeals · 1986
  3. People v. KellyNew York Court of Appeals · 1984
  4. People v. FitzpatrickNew York Court of Appeals · 1976
  5. People v. WallaceNew York Court of Appeals · 1990

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

3Cited by9 opinions

  1. People v. FrazierAppellate Division of the Supreme Court of the State of New York · 1996
  2. People v. WatsonAppellate Division of the Supreme Court of the State of New York · 1995
  3. People v. HeckAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. MatusakAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. GoncalvesAppellate Division of the Supreme Court of the State of New York · 1997

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

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