(Download) "People State New York v. Patsy Ranghelle" by Court of Appeals of New York ~ eBook PDF Kindle ePub Free
eBook details
- Title: People State New York v. Patsy Ranghelle
- Author : Court of Appeals of New York
- Release Date : January 19, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
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[69 N.Y.2d 56 Page 59] Opinion OF THE COURT These two appeals present, in different contexts, various problems involving the application of the Rosario rule (see, People v Rosario, 9 N.Y.2d 286, rearg denied 9 N.Y.2d 908, cert denied 368 U.S. 866, rearg denied 14 N.Y.2d 876, rearg denied 15 N.Y.2d 765; see also, CPL 240.45). That rule requires generally that the People provide defense counsel with all pretrial statements of prosecution witnesses. The questions raised by these prosecutions include the nature of Rosario material; the obligation of the People to produce it even though it is available to the defense by subpoena; whether the People may be excused because of their good faith in failing to deliver such material; and whether the People's omissions in these cases constitute a failure to produce, and thus are not subject to harmless error analysis, or merely a delay which does not require reversal unless it caused substantial prejudice to the defendant (see, People v Perez, 65 N.Y.2d 154, 159). For reasons hereafter stated, both judgments must be reversed.