PEOPLE v. DE JESUS


203 A.D.2d 196 (1994)

611 N.Y.S.2d 159

The People of the State of New York, Respondent, v. Asuncion De Jesus, Appellant

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

April 26, 1994


Defendant has failed to establish that the purported UF61 report which was generated by defendant's 1991 Freedom of Information Law request was newly discovered evidence. A comparison of the contents of this report with the detective's trial testimony leads to the conclusion that the report upon which that cross-examination was based was the same report upon which defendant presently relies. The report utilized by trial counsel was denominated "unusual occurrence report"...

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