People v. Cocolicchio

Appellate Terms of the Supreme Court of New York

People v. Cocolicchio

40 Misc. 2d 1013, 244 N.Y.S.2d 1018, 1963 N.Y. Misc. LEXIS 1551

CourtAppellate Terms of the Supreme Court of New York

DecidedOctober 10, 1963

StatusPublished

This text of 40 Misc. 2d 1013 (People v. Cocolicchio) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cocolicchio, 40 Misc. 2d 1013, 244 N.Y.S.2d 1018, 1963 N.Y. Misc. LEXIS 1551 (N.Y. Ct. App. 1963).

Pincite

Opinion

Per Curiam.

An inspection of a pretrial statement of a witness in this State is not limited to a formal statement given to the police or other authority. So long as the document or writing is relevant to the subject matter of the witness’ testimony and is nothing that must be kept confidential, its disclosure is required. In some situations where what is sought constitutes working data, a summary of interviews or investigations or preparation for trial, production may be denied. But in the situation presented to the court below where inspection was sought of the witness’ own notes concerning the subject matter of his testimony, prejudicial error was committed in refusing the defendant the use of such notes. (People v. Rosario, 9 N Y 2d 286.)

The judgment of conviction should be reversed and a new trial ordered.

Concur — Hofstadter, J. P., Gold and Tilzer, JJ.

Judgment reversed, etc.

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Per Curiam.

An inspection of a pretrial statement of a witness in this State is not limited to a formal statement given to the police or other authority. So long as the document or writing is relevant to the subject matter of the witness’ testimony and is nothing that must be kept confidential, its disclosure is required. In some situations where what is sought constitutes working data, a summary of interviews or investigations or preparation for trial, production may be denied. But in the situation presented to the court below where inspection was sought of the witness’ own notes concerning the subject matter of his testimony, prejudicial error was committed in refusing the defendant the use of such notes. (People v. Rosario, 9 N Y 2d 286.)

The judgment of conviction should be reversed and a new trial ordered.

Concur — Hofstadter, J. P., Gold and Tilzer, JJ.

Judgment reversed, etc.

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Bluebook (online)

40 Misc. 2d 1013, 244 N.Y.S.2d 1018, 1963 N.Y. Misc. LEXIS 1551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cocolicchio-nyappterm-1963.