PEOPLE v. ROGELIO


79 N.Y.2d 843 (1992)

The People of the State of New York, Respondent, v. John Rogelio, Appellant.

Court of Appeals of the State of New York.

Decided January 16, 1992.


Attorney(s) appearing for the Case

Barry D. Leiwant and Philip L. Weinstein for appellant.

Robert T. Johnson, District Attorney (James F. Mullen and Allen H. Saperstein of counsel), for respondent.

Chief Judge WACHTLER and Judges KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge SIMONS dissents and votes to reverse in an opinion in which Judge ALEXANDER concurs.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant claims that a new trial must be ordered because the prosecutor failed to produce certain Rosario material consisting of a writeup sheet containing statements of a prosecution witness, a police officer. After the trial court's instructions to the jury were completed, defense counsel stated, "with some reluctance", to the court for...

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