PEOPLE v. WASHINGTON


86 N.Y.2d 189 (1995)

654 N.E.2d 967

630 N.Y.S.2d 693

The People of the State of New York, Respondent, v. Joshua Washington, Appellant.

Court of Appeals of the State of New York.

Decided June 14, 1995.


Attorney(s) appearing for the Case

James M. Branden, New York City, and Philip L. Weinstein for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Michael Gore and Roseann B. MacKechnie of counsel), for respondent.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Linda Cantoni, Steven Chananie and Sharon Y. Brodt of counsel), amicus curiae, pro se.

James M. Catterson, Jr., District Attorney of Suffolk County, Hauppauge (Donald J. Siewert and Patrick J. Hynes of counsel), for New York State District Attorneys Association, amicus curiae.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, LEVINE and CIPARICK concur with Judge SMITH; Judge TITONE dissents in a separate opinion.


SMITH, J.

The issue here is whether an audiotape made by an Associate Medical Examiner is Rosario material which must be turned over to defendant by the prosecutor. Because the audiotape may not be deemed in the control or possession of the People, we affirm the order of the Appellate Division refusing to vacate defendant's conviction.

Prior to defendant's trial for the fatal stabbing of Kevin...

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