PEOPLE v. RAMOS


85 N.Y.2d 678 (1995)

651 N.E.2d 895

628 N.Y.S.2d 27

The People of the State of New York, Appellant, v. Raymond Ramos, Respondent. The People of the State of New York, Appellant, v. Cary Fernandez, Respondent. The People of the State of New York, Appellant, v. Ariel Pena, Respondent.

Court of Appeals of the State of New York.

Decided May 2, 1995.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Mark Dwyer of counsel), for appellant in the three above-entitled actions.

Richard M. Weinstein, New York City, for respondent in the first above-entitled action.

Allen H. Saperstein, Bronx, and Peter D. Coddington for Robert T. Johnson, District Attorney of Bronx County, amicus curiae in the three above-entitled actions.

Jan Hoth-Uzzo and Philip L. Weinstein, New York City, for The Legal Aid Society, amicus curiae in the three above-entitled actions.

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


LEVINE, J.

The issues on these appeals are whether in a criminal appeal taken by the People, due process mandates that the defendant be personally served with the People's brief and, if not, whether the Appellate Division, First Department, may adopt such a requirement pursuant to its rule-making authority.1 We hold that due process does not require that the defendant be personally...

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