PEOPLE v. TAMAYO


222 A.D.2d 321 (1995)

635 N.Y.S.2d 619

The People of the State of New York, Appellant, v. Esteban Tamayo, Respondent

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

December 21, 1995


Defendant was arrested after selling valium on the street to an undercover police officer and to another customer. The People inadvertently failed to produce the undercover officer's "buy report" as evidence at trial. Rather than request this material during trial, defendant's counsel waited until the verdict was in, and then moved to set it aside, pursuant to CPL 330.30. The People, conceding the Rosario violation (People v Rosario, 9 N.Y.2d...

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