People v. Deas

Decision Date24 June 1991
PartiesThe PEOPLE, etc., Respondent, v. Marion DEAS, Jr., Appellant.
CourtNew York Supreme Court — Appellate Division

Philip L. Weinstein, New York City (Lisa A. Stefanoni and Henry R. Deutsch, of counsel), for appellant.

Charles J. Hynes, Dist. Atty., Brooklyn (Jay M. Cohen, Richard T. Faughnan and Victor Barall, of counsel), for respondent.

Before KOOPER, J.P., and SULLIVAN, LAWRENCE and ROSENBLATT, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Broomer, J.), rendered June 30, 1988, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The failure of the prosecution to turn over documents entitled "Complaint Follow Up Reports" to the defense was not a Rosario violation (see, People v. Rosario, 9 N.Y.2d 286, 213 N.Y.S.2d 448, 173 N.E.2d 881, cert. denied 368 U.S. 866, 82 S.Ct. 117, 7 L.Ed.2d 64). While the reports contained statements of witnesses to the robbery, none of those witnesses testified at trial, and the subject matter of the reports was unrelated to any testimony given by the officer who made the reports (see, CPL 240.45[1][a]; People v. Barrios, 163 A.D.2d 579, 559 N.Y.S.2d 31; People v. Melendez, 149 A.D.2d 918, 919, 540 N.Y.S.2d 51). Nor did the failure to turn over the reports constitute a Brady violation ( see, Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215), since the defendant already had knowledge of the information contained therein ( see, People v. Banks, 130 A.D.2d 498, 499, 515 N.Y.S.2d 81).

Further, the prosecution's failure to turn over the sprint tape of the emergency telephone "911" call by the eyewitness was not a Rosario violation. There was no evidence of bad faith by the prosecution, and the sprint sheet, which was the "duplicative equivalent" of the tape, was furnished to the defense (see, People v. Consolazio, 40 N.Y.2d 446, 454, 387 N.Y.S.2d 62, cert. denied 433 U.S. 914, 97 S.Ct. 2986, 53 L.Ed.2d 1100; People v. Ranghelle, 69 N.Y.2d 56, 63, 511 N.Y.S.2d 580, 503 N.E.2d 1011; People v. Winthrop, 171 A.D.2d 829, 567 N.Y.S.2d 531; People v. Velez, 161 A.D.2d 823, 556 N.Y.S.2d 147; People v. Figueroa, 156 A.D.2d 322, 323, 549 N.Y.S.2d 381).

We also find that a missing witness charge was unnecessary under the circumstances (see, People v. Dianda, 70 N.Y.2d 894, 896, 524 N.Y.S.2d 381, 519 N.E.2d 292; People v. Gonzalez, 68 N.Y.2d 424, 427, 509 N.Y.S.2d 796, 502 N.E.2d 583; People v. Chisom, 170 A.D.2d 523, 566 N.Y.S.2d 86), and that the trial court's charge, as a whole, did not deprive the defendant of a fair trial (see, People v. Crawford, ...

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  • People v. Seeley
    • United States
    • New York Supreme Court
    • October 30, 1998
    ...587; People v. Rodriguez, 223 A.D.2d 605, 606, 637 N.Y.S.2d 171; People v. Buxton, 189 A.D.2d 996, 997, 593 N.Y.S.2d 87; People v. Deas, 174 A.D.2d 751, 571 N.Y.S.2d 778; People v. LaRocca, 172 A.D.2d 628, 629, 568 N.Y.S.2d 431; People v. Murray, 140 A.D.2d 949, 950, 529 N.Y.S.2d 628; Peopl......
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    ...N.Y.S.2d 839; People v. Davis, 183 A.D.2d 474, 583 N.Y.S.2d 412; People v. Goldman, 175 A.D.2d 723, 573 N.Y.S.2d 282; People v. Deas, 174 A.D.2d 751, 571 N.Y.S.2d 778; People v. Barrios, 163 A.D.2d 579, 559 N.Y.S.2d 31; People v. Fluellen, 132 A.D.2d 455, 517 N.Y.S.2d 512). The majority's d......
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    ...484; People v. Grice, 203 A.D.2d 587, 588, 611 N.Y.S.2d 25; People v. Diggs, 185 A.D.2d 990, 991, 587 N.Y.S.2d 406; People v. Deas, 174 A.D.2d 751, 752, 571 N.Y.S.2d 778). The defendant's remaining contentions are without merit (see, People v. Melendez, 55 N.Y.2d 445, 449 N.Y.S.2d 946, 434 ......
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