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People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Oct 12, 1995
220 A.D.2d 271 (N.Y. App. Div. 1995)

Opinion

October 12, 1995

Appeal from the Supreme Court, Bronx County (David Stadtmauer, J.).


In his CPL 440.10 motion, defendant alleged that the People's failure to disclose an alleged autopsy audiotape created by the Office of the Chief Medical Examiner constituted a Rosario violation. In People v. Washington ( 86 N.Y.2d 189, 193), the Court of Appeals considered and rejected an identical claim, holding that a Rosario "obligation simply does not arise where, as here, the People lack control over the items in question and the entity in possession of them is not a law enforcement agency".

Concur — Murphy, P.J., Rubin, Kupferman and Williams, JJ.


Summaries of

People v. Rodriguez

Appellate Division of the Supreme Court of New York, First Department
Oct 12, 1995
220 A.D.2d 271 (N.Y. App. Div. 1995)
Case details for

People v. Rodriguez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIAS RODRIGUEZ…

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

Date published: Oct 12, 1995

Citations

220 A.D.2d 271 (N.Y. App. Div. 1995)
632 N.Y.S.2d 112

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