Legal Opinion

People v. France

New York Supreme Court

Decided February 24, 1994PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Michael R. Juviler, J.

This is a combined decision in six separate cases on motions pursuant to CPL 440.10 to vacate judgments convicting the defendants, after trials by jury, of homicide. The motions are treated together because they raise the identical ground: failure of the prosecutor to give the defendant at trial a dictation audiotape made by the New York City Medical Examiner who performed the autopsy and testified as a People’s witness.

The prosecutor’s office never had the tapes. The defendants received the Medical Examiners’ typewritten reports of the autopsies,…

2Cases cited24 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Jencks v. United StatesSupreme Court of the United States · 1957
  3. People v. RosarioNew York Court of Appeals · 1961
  4. United States v. Oscar Rosa, Vincent Lopez, Ricardo Rodriguez, Hector Hernandez, and Armando VelasquezCourt of Appeals for the Second Circuit · 1993
  5. People v. RanghelleNew York Court of Appeals · 1986

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3Cited by1 opinion

  1. People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 1994

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