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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1995
222 A.D.2d 525 (N.Y. App. Div. 1995)

Opinion

December 11, 1995

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


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The People withheld Rosario material (see, People v Rosario, 9 N.Y.2d 286) consisting of a "buy operation subject cover sheet" (hereinafter cover sheet) prepared by the arresting officer. The cover sheet, inter alia, listed the numbers of property vouchers which were completed for property found on the defendant at the time of his arrest. However, the numbers of certain vouchers which were completed for property found on the defendant, were not listed on the cover sheet. At trial, the arresting officer testified regarding property found on the defendant. Hence, the cover sheet was related to the subject matter of the witness's testimony. Since certain vouchers which were completed were not listed on the cover sheet, it cannot be considered a duplicative equivalent of the vouchers (see, People v Ranghelle, 69 N.Y.2d 56), and thus the judgment must be reversed (see, People v Young, 79 N.Y.2d 365).

In light of our determination we need not reach the defendant's remaining contentions. Bracken, J.P., Sullivan, Rosenblatt and Hart, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1995
222 A.D.2d 525 (N.Y. App. Div. 1995)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEONARD JOHNSON…

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

Date published: Dec 11, 1995

Citations

222 A.D.2d 525 (N.Y. App. Div. 1995)
635 N.Y.S.2d 60