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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Apr 2, 1990
160 A.D.2d 718 (N.Y. App. Div. 1990)

Opinion

April 2, 1990

Appeal from the County Court, Nassau County (Baker, J.).


Ordered that the judgment is affirmed.

We find unavailing the defendant's claim that the testimony of the accomplices was uncorroborated, and therefore insufficient to sustain his conviction for the instant offenses. A review of the record reveals that ample corroboration was supplied by the testimony of several police officers, which sufficiently connected the defendant with the commission of the crime (see, People v. Daniels, 37 N.Y.2d 624; People v. Sargente, 133 A.D.2d 862).

In addition, we disagree with the defendant's contention, as set forth in his pro se supplemental brief, that the People's failure to turn over certain material constituted a Rosario violation (see, People v. Rosario, 9 N.Y.2d 286). We note that a prosecutor only has a duty to turn over to the defense all statements made by prosecution witnesses which relate "to the subject matter of the witness' testimony" (People v. Rosario, supra, at 290). At bar, the defense has failed to demonstrate that the material sought had any connection to the witness's testimony, and accordingly, the Rosario rule was not violated.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15). We also note that the imposed sentence is proper in all respects (see, Penal Law § 70.06).

Finally, we have reviewed the defendant's contention that he was denied effective assistance of counsel, and find it to be without merit (see, People v. Rivera, 71 N.Y.2d 705; People v Sullivan, 153 A.D.2d 223). Sullivan, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Apr 2, 1990
160 A.D.2d 718 (N.Y. App. Div. 1990)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NEVILLE W. DAVIS…

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

Date published: Apr 2, 1990

Citations

160 A.D.2d 718 (N.Y. App. Div. 1990)
554 N.Y.S.2d 45

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