PEOPLE v. JACKSON


157 A.D.2d 126 (1990)

The People of the State of New York, Respondent, v. Mildred Jackson, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 10, 1990


Attorney(s) appearing for the Case

Patrick J. Hynes of counsel (Mark Dwyer with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

Marianne Karas for appellant.

MURPHY, P. J., ROSENBERGER and SMITH, JJ., concur.


KASSAL, J.

Where a delay in the delivery of Rosario material has permanently foreclosed its use by defense counsel, the violation must be deemed to constitute not a mere delay, subject to prejudice analysis, but a complete failure to produce, requiring automatic reversal.

During the early morning hours of August 18, 1984, Patricia Sprauve died in an upper Manhattan courtyard on West 147th Street...

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