People v. Brown

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEREK BROWN, Appellant

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

Date published: Jul 7, 1997

241 A.D.2d 460 (N.Y. App. Div. 1997)

663 N.Y.S.2d 975

Opinion

July 7, 1997

Appeal from the Supreme Court, Queens County (Golia, J.)

Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to have been established.

The People concede, and we agree, that a new trial is mandated, since the People violated the rule in People v. Rosario ( 9 N.Y.2d 286, cert denied 368 U.S. 866) by withholding a report that contained a statement of the arresting officer, who testified at the trial.

Bracken, J. P., Rosenblatt, Goldstein and Luciano, JJ., concur.