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People v. Alejo

281 A.D.2d 487, 721 N.Y.S.2d 791, 2001 N.Y. App. Div. LEXIS 2369
Appellate Division of the Supreme Court of the State of New York·Decided March 12, 2001·Published

Opinion

—Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered December 7, 1999, convicting him of criminal sale of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that judgment is affirmed.

The defendant was not substantially prejudiced by the late disclosure of Rosario material (see, People v Banch, 80 NY2d 610, 617; People v Martinez, 71 NY2d 937, 940; People v Rosario, 9 NY2d 286). The court precluded the People from using this material in examining their witnesses, and the defendant was able to exploit the delayed disclosure (see, People v Benito, 256 AD2d 221; People v Jones, 200 AD2d 451).

The defendant’s remaining contention is without merit (see, People v Barclift, 228 AD2d 194). O’Brien, J. P., Friedmann, H. Miller and Schmidt, JJ., concur.

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People v. Alejo, 281 A.D.2d 487, 721 N.Y.S.2d 791, 2001 N.Y. App. Div. LEXIS 2369 (N.Y. Ct. App. 2001).

281 A.D.2d 487 (People v. Alejo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Rosario
173 N.E.2d 881 (New York Court of Appeals, 1961)
People v. Martinez
524 N.E.2d 134 (New York Court of Appeals, 1988)
People v. Banch
608 N.E.2d 1069 (New York Court of Appeals, 1992)
People v. Jones
200 A.D.2d 451 (Appellate Division of the Supreme Court of New York, 1994)
People v. Barclift
228 A.D.2d 194 (Appellate Division of the Supreme Court of New York, 1996)
People v. Benito
256 A.D.2d 221 (Appellate Division of the Supreme Court of New York, 1998)