PEOPLE v. BAILEY


73 N.Y.2d 812 (1988)

The People of the State of New York, Respondent, v. Anthony Steven Bailey, Appellant.

Court of Appeals of the State of New York.

Decided December 15, 1988.


Attorney(s) appearing for the Case

Richard N. Allman and Philip L. Weinstein for appellant.

Elizabeth Holtzman, District Attorney (Carol Teague Schwartzkopf, Barbara D. Underwood and Nikki Kowalski of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

At defendant's trial, it was discovered that a prosecution witness — a privately employed security guard — had made a report to his employer regarding the incident for which defendant was being prosecuted. Defendant claims that the People's failure to discover and preserve the statement constitutes a Rosario violation (see...

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