People v. Hawa

Citation191 N.E.2d 904,13 N.Y.2d 718,241 N.Y.S.2d 847
Parties, 191 N.E.2d 904 The PEOPLE, etc., Respondent, v. Habib Riad HAWA, Appellant.
Decision Date29 May 1963
CourtNew York Court of Appeals

Appeal from Supreme Court, Appellate Division, First Department, 15 A.D.2d 740, 224 N.Y.S.2d 156.

The defendant was convicted of first-degree murder and he appealed.

The Appellate Division affirmed the judgment and held that prior statement by witness, in narrative form, made by Assistant District Attorney in his own hand in preparation for trial, was not exempt from disclosure as work product datum, but that trial court's refusal, after inspection, to permit defense counsel to have access thereto, in light of then prevailing rule, was not ground for reversal of conviction after rule had been changed to require disclosure, where withholding was in no way prejudicial to the defendant and there was overwhelming evidence of guilt.

The defendant appealed to the Court of Appeals.

Mario Matthew Cuomo, Holliswood, and Myron J. Greene, New York City, for defendant-appellant.

Frank S. Hogan, New York City (H. Richard Uviller, and Arthur C. Muhlstock, New York City, of counsel), for respondent.

Judgment affirmed.

All concur.

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15 cases
  • People v. Jones
    • United States
    • New York Court of Appeals
    • November 25, 1987
    ...881). Decisions subsequent to Rosario continued to apply harmless error analysis to Rosario violations (see, People v. Hawa, 13 N.Y.2d 718, 241 N.Y.S.2d 847, 191 N.E.2d 904; People v. Fasano, 11 N.Y.2d 436, 230 N.Y.S.2d 689, 184 N.E.2d 289; People v. Pereira, 11 N.Y.2d 784, 227 N.Y.S.2d 28,......
  • People v. Perez
    • United States
    • New York Supreme Court Appellate Division
    • April 9, 1984
    ... ... Fasano, 11 N.Y.2d 436 [230 N.Y.S.2d 689, 184 N.E.2d 289]; People v. Hurst, 10 N.Y.2d ... Page 782 ... 939 [224 N.Y.S.2d 20, 179 N.E.2d 861]; People v. Pereira, 11 N.Y.2d 784 [227 N.Y.S.2d 28, 181 N.E.2d 770]; People v. Hawa, 13 N.Y.2d 718 [241 N.Y.S.2d 847, 191 N.E.2d 904], supra; People v. Horton, 18 N.Y.2d 355 [275 N.Y.S.2d 377, 221 N.E.2d 909], supra; for a statement to this effect see People ex rel. Cadogan v. McMann, 24 N.Y.2d 233, 237 [299 N.Y.S.2d 617, 247 N.E.2d 492].)" ...         The above-quoted ... ...
  • People v. Banch
    • United States
    • New York Court of Appeals
    • December 22, 1992
    ...subsequent to Rosario continued, for a while, to apply Rosario's own harmless error proportionality (see, People v. Hawa, 13 N.Y.2d 718, 241 N.Y.S.2d 847, 191 N.E.2d 904; People v. Fasano, 11 N.Y.2d 436, 230 N.Y.S.2d 689, 184 N.E.2d 289, after remittitur, 18 A.D.2d 1137, 240 N.Y.S.2d 957, m......
  • People v. Adger
    • United States
    • New York Court of Appeals
    • December 14, 1989
    ...(see, People v. Consolazio, supra; People v. Kelvin D., supra; 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). In fact, we concluded in Consolazio that the abbreviated prosecutor's "worksheets" capsulizing a witness' answers to questi......
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