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People v. Hernandez

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 1993
195 A.D.2d 573 (N.Y. App. Div. 1993)

Opinion

July 19, 1993

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


Ordered that the judgment is affirmed.

The defendant was convicted of stabbing the victim to death on the subway after the defendant provoked the victim into an altercation with verbal abuse. On appeal, the defendant argues that he was deprived of a fair trial by the People's late disclosure, in violation of People v. Rosario ( 9 N.Y.2d 286, cert denied 368 U.S. 866), of certain statements taken from the People's three identifying witnesses which were recorded in a police detective's memobook. However, this disclosure, although late, was not a total failure to disclose the material (see, People v. Ranghelle, 69 N.Y.2d 56; People v. Perez, 65 N.Y.2d 154) and, as the defendant has failed to demonstrate substantial prejudice from the delay, reversal of the conviction is not warranted (see, People v. Goins, 73 N.Y.2d 989; People v Ranghelle, supra; People v. Polanco, 174 A.D.2d 468). Further, contrary to the defendant's assertions on appeal, no reasonable view of the evidence indicated that the defendant was justified in using deadly physical force and the court correctly refused to charge the jury concerning this defense (see, Penal Law § 35.15; People v. Watts, 57 N.Y.2d 299; People v. Jeffries, 166 A.D.2d 665).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). Sullivan, J.P., Eiber, Pizzuto and Joy, JJ., concur.


Summaries of

People v. Hernandez

Appellate Division of the Supreme Court of New York, Second Department
Jul 19, 1993
195 A.D.2d 573 (N.Y. App. Div. 1993)
Case details for

People v. Hernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO HERNANDEZ…

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

Date published: Jul 19, 1993

Citations

195 A.D.2d 573 (N.Y. App. Div. 1993)
600 N.Y.S.2d 491

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