PEOPLE v. SWINDELL


157 A.D.2d 549 (1990)

The People of the State of New York, Respondent, v. Daniel Swindell, Appellant

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

January 18, 1990


Unlike the situation of a failure to supply Rosario material, which constitutes per se reversible error, "[w]hen the People delay in producing Rosario material, the reviewing court must ascertain whether the defense was substantially prejudiced by the delay." (People v Ranghelle, 69 N.Y.2d 56, 63.) The trial court properly concluded that the defense was not substantially prejudiced by the prosecution's delay in producing...

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