Case Detail
CitationPeople v. Mitchell, 789 N.Y.S.2d 185 (N.Y. App. Div. 2005)
CrimeViolent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2003
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecution's failure to disclose, prior to start of trial, additional police reports which contained different descriptions of perpetrator and were much closer to that of defendant resulted in substantial prejudice to defendant and warranted new trial. "We agree with the defendant that the Supreme Court abused its discretion in declining to grant a mistrial. It is well settled that the People must turn over to the defense any prior statements by a witness which relates to the subject matter of that witness's testimony for use on cross-examination [citation omitted]. The material must be provided at a time when it can be useful to the defense [citation omitted]. As the People correctly concede, it was a violation of this rule to fail to turn over the additional police reports before the start of the trial. However, contrary to the People's contentions, the prejudice to the defendant was not obviated by the remedial action taken by the trial court [citation omitted]. When the late disclosure of Rosario material results in substantial prejudice to the defendant, a new trial is required [citation omitted]. As the defendant framed the issue entirely in terms of the misidentification shown by the documents in his possession, and cross-examined the first witness without the benefit of the missing documents, he was substantially prejudiced by the violation [citation omitted]."
Determination Year2005
Misconduct TypeP
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
Sanction TypeUKN
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