People v. Cusani

Appellate Division of the Supreme Court of New York

People v. Cusani

153 A.D.2d 574, 544 N.Y.S.2d 499, 1989 N.Y. App. Div. LEXIS 10692

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 7, 1989

StatusPublished

Cited by7 cases

This text of 153 A.D.2d 574 (People v. Cusani) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State 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. Cusani, 153 A.D.2d 574, 544 N.Y.S.2d 499, 1989 N.Y. App. Div. LEXIS 10692 (N.Y. Ct. App. 1989).

Pincite

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered October 13, 1987, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Appellate review of the court’s denial of certain discovery requests was forfeited by the defendant’s plea of guilty (see, People v Taylor, 65 NY2d 1, 5-6; People v Thomas, 74 AD2d 317, 319-320, affd 53 NY2d 338; People v Manzo, 99 AD2d 817; People v Corti, 88 AD2d 345, 348). The court’s denial of the requests did not affect its jurisdiction over the action and did not impinge on rights of constitutional dimensions (see, People v Taylor, supra, at 6). In any event, the court properly declined to direct the prosecutor to provide Rosario material approximately two months before the scheduled trial date (see, CPL 240.45) and properly denied the discovery requests which sought evidentiary material (see, CPL 200.95; People v Davis, 41 NY2d 678, 679-680; People v Dziedzic, 140 AD2d 737; People v Smith, 103 AD2d 859; People v Raymond G., 54 AD2d 596). Rubin, J. P., Spatt, Harwood and Rosenblatt, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered October 13, 1987, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Appellate review of the court’s denial of certain discovery requests was forfeited by the defendant’s plea of guilty (see, People v Taylor, 65 NY2d 1, 5-6; People v Thomas, 74 AD2d 317, 319-320, affd 53 NY2d 338; People v Manzo, 99 AD2d 817; People v Corti, 88 AD2d 345, 348). The court’s denial of the requests did not affect its jurisdiction over the action and did not impinge on rights of constitutional dimensions (see, People v Taylor, supra, at 6). In any event, the court properly declined to direct the prosecutor to provide Rosario material approximately two months before the scheduled trial date (see, CPL 240.45) and properly denied the discovery requests which sought evidentiary material (see, CPL 200.95; People v Davis, 41 NY2d 678, 679-680; People v Dziedzic, 140 AD2d 737; People v Smith, 103 AD2d 859; People v Raymond G., 54 AD2d 596). Rubin, J. P., Spatt, Harwood and Rosenblatt, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

153 A.D.2d 574, 544 N.Y.S.2d 499, 1989 N.Y. App. Div. LEXIS 10692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cusani-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack