PEOPLE v. MACHADO


90 N.Y.2d 187 (1997)

681 N.E.2d 409

659 N.Y.S.2d 242

The People of the State of New York, Appellant, v. William Machado, Respondent.

Court of Appeals of the State of New York.

Decided June 10, 1997.


Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Seth M. Lieberman, Roseann B. MacKechnie and Leonard Joblove of counsel), for appellant.

Judith Stern, New York City, and Daniel L. Greenberg for respondent.

Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.


Chief Judge KAYE.

On direct appeal from a judgment of conviction, reversal is required when the prosecution has failed to turn over Rosario material. On CPL 440.10 motions made after direct appeal has been concluded, however, for vacatur of a conviction a defendant must demonstrate prejudice — meaning a reasonable possibility that the prosecution's failure...

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