Summary
reversing for Rosario violation, stating that "[t]he fact that the defense counsel examined the documents during the course of the investigating officer's testimony does not suffice to overcome the erroneous refusal to provide defense counsel with copies for use during the examination of the witnesses who gave the prior statements to the initial officers on the scene."
Summary of this case from Mayo v. HendersonOpinion
Submitted September 7, 1976
Decided October 19, 1976
Motion for leave to appeal from the order of the Appellate Division dated June 15, 1976, denying petitioner's motion for an enlargement of time to perfect the proceeding dismissed as untimely (CPLR 5513; Cohen and Karger, Powers of the New York Court of Appeals, § 104, pp 436-437).
Motion for leave to appeal from the order of the Appellate Division dated July 29, 1976, denying petitioner's motion for reargument, dismissed upon the ground that the order sought to be appealed from involves a question of discretion of the type not reviewable by the Court of Appeals (Cohen and Karger, Powers of the New York Court of Appeals, § 147, p 585).