People v. Bryant
| Decision Date | 21 November 1994 |
| Citation | 619 N.Y.S.2d 127,209 A.D.2d 630 |
| Parties | The PEOPLE, etc., Respondent, v. Leon BRYANT, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Philip L. Weinstein, New York City (Jan Hoth-Uzzo, of counsel), for appellant.
Richard A. Brown, Dist. Atty., Kew Gardens (Steven J. Chananie, Robin A. Forshaw, Elizabeth Fox and Jaewon Chung, of counsel), for respondent.
Before ROSENBLATT, J.P., and RITTER, COPERTINO and FLORIO, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Appelman, J.), rendered February 2, 1993, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, a "stop and frisk report" containing a statement made by a prosecution witness regarding his negative identification of another individual did not constitute Rosario material. The right to inspect statements of a prosecution witness is limited to those statements relevant to the subject matter of the witness's testimony (see, People v. Rios, 182 A.D.2d 843, 582 N.Y.S.2d 798; see also, People v. Poole, 48 N.Y.2d 144, 148-149, 422 N.Y.S.2d 5, 397 N.E.2d 697). As no testimony concerning the negative identification of another individual was elicited during the direct examination of the prosecution witness, the People were not obligated to make the "stop and frisk report" available to the defendant (see, People v. Rios, supra; People v. Bailey, 200 A.D.2d 677, 606 N.Y.S.2d 757; People v. Melendez, 178 A.D.2d 366, 577 N.Y.S.2d 815; People v. Goldman, 175 A.D.2d 723, 573 N.Y.S.2d 282; cf., People v. Perez, 65 N.Y.2d 154, 490 N.Y.S.2d 747, 480 N.E.2d 361).
The defendant's assertion that the sentence was excessive is without merit (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
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People v. Johnson
...contents were not related to the subject matter of the witnesses' testimony at the pretrial suppression hearing ( see People v. Bryant, 209 A.D.2d 630, 619 N.Y.S.2d 127;People v. James, 207 A.D.2d 564, 616 N.Y.S.2d 75). Viewing the evidence in the light most favorable to the prosecution, we......
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People v. Mitchell
...to the testimony of the arresting officer at the Wade hearing and therefore did not constitute Rosario material (see, People v. Bryant, 209 A.D.2d 630, 619 N.Y.S.2d 127). The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d We have reviewed the defen......
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People v. Bryant
...329 627 N.Y.S.2d 329 85 N.Y.2d 906, 650 N.E.2d 1331 People v. Leon Bryant Court of Appeals of New York Mar 15, 1995 Titone, J. 209 A.D.2d 630, 619 N.Y.S.2d 127 App.Div. 2, Queens Denied. ...