PEOPLE v. CRUZ


172 A.D.2d 365 (1991)

The People of the State of New York, Respondent, v. Carlos Cruz, Appellant

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

April 23, 1991


After the defendant forced open the door to where the deceased lived, he repeatedly stabbed her in the chest and then stabbed her nine-year-old daughter in the back. Prior to trial, a "Rosario" hearing was held regarding the loss of notes taken by two investigating detectives which were used to complete "DD5" police reports. As a sanction for the loss of this Rosario material, the court granted defendant's request to preclude the two detectives from testifying...

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