Case Detail
CitationPeople v. Rosas, 746 N.Y.S.2d 610 (N.Y. App. Div. 2002)
Pros. First NameUKN
Pros. Last NameUKN
Trial Year1999
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, ordered a new trial due to the prosecution's failure to turn over exculpatory evidence. "The Supreme Court erred in denying the defendant's post verdict motion pursuant to CPL 330.30 to set aside his conviction based on purported Rosario and Brady violations [citations omitted]. The defendant argued that the Queens County District Attorney's Office improperly failed to provide him with material it possessed concerning statements made by the victims' son. . . .Pursuant to People v. Rosario (supra), the prosecution is required to turn over any pretrial statements made by a prosecution witness relating to the subject matter of the witness's testimony. We agree with the defendant that certain statements attributable to the victims' son contained in a memorandum to the District Attorney himself fall within the purview of Rosario. The statements may directly relate to the declarant's identification of the defendant, and the prosecutor's failure to disclose the statements reasonably could have affected the verdict [citation omitted]."
Determination Year2002
Misconduct TypeP
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
Sanction TypeUKN
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