People v. Gilligan
| Decision Date | 27 April 1976 |
| Citation | 384 N.Y.S.2d 778,349 N.E.2d 879,39 N.Y.2d 769 |
| Parties | , 349 N.E.2d 879 The PEOPLE of the State of New York, Respondent, v. Stephen Edward GILLIGAN, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Donald L. Slater, Cortland, for appellant.
Robert E. Jones, Dist. Atty. (Robert T. Jewett, Cortland, of counsel), for respondent.
The order of the Appellate Division, 48 A.D.2d 724, 367 N.Y.S.2d 610 should be reversed and a new trial ordered.
It was error for the trial court to deny defense counsel's request to inspect, for possible use on cross-examination, the written notes and reports made by the several police officers in the course of their investigation (People v. Persico, 24 N.Y.2d 758, 299 N.Y.S.2d 853, 247 N.E.2d 667; People v. Malinsky, 15 N.Y.2d 86, 90--91, 262 N.Y.S.2d 65, 209 N.E.2d 694; People v. Rosario, 9 N.Y.2d 286, 213 N.Y.S.2d 448, 173 N.E.2d 881; see Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103; cf. CPL art. 240). Reliance on the In camera finding that the material had 'nothing in it exculpatory to the defendant' was not in accord with our explicit holding in Malinsky (supra, 15 N.Y.2d pp. 90--91, 262 N.Y.S.2d 65, 209 N.E.2d 694) that a trial court 'may not allow the People to keep from the defendants' counsel statements or notes made by a witness upon the ground that nothing in them could assist the defense or that no prejudice would result from withholding them'. Since the request was made during trial, the CPL (art. 240) provisions on pretrial disclosure did not apply (Petler, New York Criminal Practice Under the CPL, § 10.13, p. 474; cf. People v. Hawa, 15 A.D.2d 740, 224 N.Y.S.2d 156, affd. 13 N.Y.2d 718, 241 N.Y.S.2d 847, 191 N.E.2d 904).
Order reversed, etc.
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...witness's notes of his investigation. People v. Kass, 25 N.Y.2d 123, 127, 302 N.Y.S.2d 807, 250 N.E.2d 219; People v. Gilligan, 39 N.Y.2d 769, 384 N.Y.S.2d 778, 349 N.E.2d 879. Failure to turn over Rosario material until after the trial requires a new trial; "the courts will not attempt to ......
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