Summary
In People v. Persico (24 N.Y.2d 758), a new trial was ordered because the trial court failed to require a police officer to produce his memo book. Years later, in 1976, the Court of Appeals again reminded trial courts that a police officer's notes and reports had to be produced for cross-examination.
Summary of this case from People v. QuinonesOpinion
Argued February 17, 1969
Decided March 5, 1969
Appeal from the Supreme Court in the Second Judicial Department, MAURICE H. MATZKIN, J.
William Sonenshine for appellant.
Eugene Gold, District Attorney ( Raymond J. Scanlan and Harry Brodbar of counsel), for respondent.
Judgment reversed and a new trial ordered upon the ground that the court's failure to require the police officer to produce his memo book constituted reversible error ( People v. Malinsky, 15 N.Y.2d 86; People v. Rosario, 9 N.Y.2d 286).
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.