PEOPLE v. SPIVEY


81 N.Y.2d 356 (1993)

The People of the State of New York, Appellant, v. Dwayne Spivey, Respondent.

Court of Appeals of the State of New York.

Decided June 8, 1993.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Hilary Hassler, James M. McGuire and Patrick J. Hynes of counsel), for appellant.

Feldman and Feldman, Hauppauge (Steven A. Feldman of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur.


SMITH, J.

On this appeal, we modify the order of the Appellate Division. The count of assault in the second degree, which had been dismissed by the Appellate Division, should be reinstated. Moreover, the Appellate Division's direction to the trial court to fashion a remedy sanctioning the prosecution for failure to produce Rosario material should be deleted....

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