PEOPLE v. OLIVIERY-PEREZ


248 A.D.2d 645 (1998)

670 N.Y.S.2d 523

The People of the State of New York, Respondent, v. Miguel Oliviery-Perez, Appellant

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

March 23, 1998


Ordered that the order is affirmed.

The defendant contends that his convictions should be vacated because the People failed to provide him with certain notes of a police witness, Detective Freddy Wheeler, during the pretrial suppression hearing.

We disagree with the trial court's conclusion that there is "no justification" for defendant's failure to raise this issue on direct appeal. Although it appears from the record of the pretrial hearing that those notes...

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