PEOPLE v. BIANCO


153 Misc.2d 509 (1992)

The People of the State of New York, Plaintiff, v. Thomas G. Bianco, Defendant.

Supreme Court, Cayuga County.

February 21, 1992


Attorney(s) appearing for the Case

Joseph E. Fahey, William F. Lynn, Patricia A. Lynn-Ford, R. Louis Riley, Thomas F. Shannon and Randi S. Juda for defendant. James B. Vargason, District Attorney, for plaintiff.


PATRICK D. MONSERRATE, J.

This decision represents one of the first opportunities for a trial-level Judge — in the solitude characteristic of that calling — to apply the recent decision of the Court of Appeals permitting/requiring a form of "harmless error" analysis in a post-conviction CPL article "440 motion" based upon the deprivation of Rosario material at the long-ago trial of a convicted...

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