PEOPLE v. CAPERS


198 A.D.2d 60 (1993)

603 N.Y.S.2d 14

The People of the State of New York, Respondent, v. Benjamin Capers, Appellant

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

November 9, 1993


Defendant's request for a mistrial was properly denied as untimely. A defendant must present a Rosario claim by making a timely request (People v Jackson, 78 N.Y.2d 900). Here defendant made his request for drastic relief at the close of the evidence, despite the fact that the destruction of the officer's handwritten version of the complainant's report was revealed during examination...

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