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People v. Dixon

Appellate Division of the Supreme Court of New York, Second Department
Sep 17, 1990
165 A.D.2d 832 (N.Y. App. Div. 1990)

Opinion

September 17, 1990

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


Ordered that the judgment is affirmed.

The record reveals that during the testimony of one of the arresting officers, defense counsel requested production of a police "buy-op" report, and suggested that the Assistant District Attorney supply the document the next day. The court acquiesced in counsel's proposal. The defendant's counsel stated the next day that he still had not received the report. The record contains no further reference to the production or nonproduction of the document. On appeal, the defendant contends that the People's alleged failure to produce the report requires reversal of his judgment of conviction. We disagree.

As we have recently held, since the People's failure to produce Rosario material may be subject to a variety of sanctions depending upon the nature of the violation (see, People v Martinez, 71 N.Y.2d 937), "the mere request for material, without any other reference in the record, is not adequate to preserve the matter for appellate review" (People v. Rashid, 164 A.D.2d 951, 952; see also, People v. Woods, 156 A.D.2d 609; People v Battles, 141 A.D.2d 748). Where, as here, the defense counsel failed to request a specific remedy in consequence of the People's alleged noncompliance with his request (see, People v Martinez, supra; People v. Haupt, 71 N.Y.2d 929; People v Provenzano, 154 A.D.2d 486; People v. Wells, 144 A.D.2d 400), and where the record is otherwise silent as to whether the material was produced, intelligent appellate review of the claim is foreclosed (see, People v. Rashid, supra). Bracken, J.P., Brown, Lawrence and Kooper, JJ., concur.


Summaries of

People v. Dixon

Appellate Division of the Supreme Court of New York, Second Department
Sep 17, 1990
165 A.D.2d 832 (N.Y. App. Div. 1990)
Case details for

People v. Dixon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUDOLPH DIXON, Also…

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

Date published: Sep 17, 1990

Citations

165 A.D.2d 832 (N.Y. App. Div. 1990)
560 N.Y.S.2d 216

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