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People v. Swindell

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1990
157 A.D.2d 549 (N.Y. App. Div. 1990)

Opinion

January 18, 1990

Appeal from the Supreme Court, New York County (Rose Rubin, J.).


Unlike the situation of a failure to supply Rosario material, which constitutes per se reversible error, "[w]hen the People delay in producing Rosario material, the reviewing court must ascertain whether the defense was substantially prejudiced by the delay." (People v. Ranghelle, 69 N.Y.2d 56, 63.) The trial court properly concluded that the defense was not substantially prejudiced by the prosecution's delay in producing the Rosario material, since the material was made available at a time when it was still fully usable by the defense, and while not strictly duplicative of other information provided, it was cumulative thereof.

Concur — Ross, J.P., Milonas, Wallach and Rubin, JJ.


Summaries of

People v. Swindell

Appellate Division of the Supreme Court of New York, First Department
Jan 18, 1990
157 A.D.2d 549 (N.Y. App. Div. 1990)
Case details for

People v. Swindell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL SWINDELL…

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

Date published: Jan 18, 1990

Citations

157 A.D.2d 549 (N.Y. App. Div. 1990)
549 N.Y.S.2d 733