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PEOPLE v. BANCH

80 N.Y.2d 610 (1992)

The People of the State of New York, Respondent, v. Bienvenido Banch, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1992.

Attorney(s) appearing for the Case

Henry R. Deutsch, New York City, and Philip L. Weinstein for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Gary Fidel and Barbara D. Underwood of counsel), for respondent.

Acting Chief Judge SIMONS and Judges TITONE, HANCOCK, JR., and SMITH concur with Judge KAYE; Judge BELLACOSA dissents and votes to affirm in a separate opinion.

KAYE, J.

This appeal centers on the People's conceded failures, during a pretrial suppression hearing and again at trial, to provide defendant with several items of Rosario material. We conclude, for the reasons that follow, that there should be a new hearing and a new trial.

I.

Defendant was convicted, upon a jury verdict, of first degree manslaughter, attempted second degree murder...

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