PEOPLE v. CLARKE

2007-02303.

66 A.D.3d 693 (2009)

885 N.Y.S.2d 629

2009 NY Slip Op 7270

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMAL CLARKE, Also Known as JAMAHL CLARKE, Appellant.

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

Decided October 6, 2009.


Ordered that the judgment is modified, on the law, by vacating the conviction of criminal possession of marijuana in the second degree and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and a new trial is ordered on that count.

The defendant established that Detective Brian Terriberry's memo book was required to be disclosed (see CPL 240.45 [1] [a]; People v Rosario, 9 N.Y.2d 286 ...

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