Legal Opinion

People v. D'Amico

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

Decided March 10, 1989No. Appeal No. 1PublishedCited by 5 opinions

1Opinion of the Court

Order unanimously affirmed. Memorandum: The People appeal from an order granting defendants’ CPL article 440 motion to vacate judgments convicting them of conspiracy to murder Richard Clair. After an evidentiary hearing, the court vacated the convictions and ordered a new trial on the ground that the People had failed to supply defendants with Rosario material (People v Rosario, 9 NY2d 286; CPL 240.45). The People also appeal from an order denying their motion to reargue or renew. We find that the court properly vacated the convictions and properly denied the motion to reargue or renew.

We…

2Cases cited11 opinions

  1. People v. RosarioNew York Court of Appeals · 1961
  2. MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
  3. People v. RanghelleNew York Court of Appeals · 1986
  4. People v. O'DohertyNew York Court of Appeals · 1987
  5. People v. JonesNew York Court of Appeals · 1987

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3Cited by5 opinions

  1. People v. ZellerAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. D'AmicoAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. OverbaughAppellate Division of the Supreme Court of the State of New York · 2019
  4. People v. ZellerAppellate Division of the Supreme Court of the State of New York · 2014
  5. PeoplevZellerAppellate Division of the Supreme Court of the State of New York · 2014

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