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People v. Adorno

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 439 (N.Y. App. Div. 1994)

Opinion

March 7, 1994

Appeal from the Supreme Court, Kings County (Lombardo, J.).


Ordered that the order is affirmed.

The defendant contends that his conviction should be vacated because the People failed to turn over certain Rosario material at trial (see, People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866), i.e., a transcript of a taped interview with the prosecution's main witness, and certain notes of an Assistant District Attorney taken during a separate interview with this witness. It is clear from the record that the defendant knew of the existence of both documents at the time of trial and the defense read from the transcript of the taped interview during cross-examination of the chief prosecution witness. As to the notes of the Assistant District Attorney, the defendant has not demonstrated that the failure to produce them, if that be the case, created a reasonable possibility that such nondisclosure contributed to the verdict (see, People v. Jackson, 78 N.Y.2d 638). Under the circumstances, the court was justified in denying without a hearing the defendant's motion to vacate his judgment of conviction, made some four-and-one-half years after that judgment was rendered (see, People v. Friedgood, 58 N.Y.2d 467, 470-471; People v. Donovon, 107 A.D.2d 433, 443-444; CPL 440.10 [a]). Mangano, P.J., Pizzuto, Altman and Krausman, JJ., concur.


Summaries of

People v. Adorno

Appellate Division of the Supreme Court of New York, Second Department
Mar 7, 1994
202 A.D.2d 439 (N.Y. App. Div. 1994)
Case details for

People v. Adorno

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLAUDIO ADORNO…

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

Date published: Mar 7, 1994

Citations

202 A.D.2d 439 (N.Y. App. Div. 1994)
608 N.Y.S.2d 678

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