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PEOPLE v. HUYNH

232 A.D.2d 655 (1996)

649 N.Y.S.2d 160

The People of the State of New York, Respondent, v. Timmy Huynh, Appellant

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

October 28, 1996

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

Where the People fail to exercise due care in preserving Rosario material and the defendant is prejudiced thereby, the trial court must impose an appropriate sanction and its failure to do so requires reversal (see, People v Joseph, 86 N.Y.2d 565). In this case, the trial court erred in...

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