People v. Matos
| Decision Date | 28 November 1995 |
| Citation | 221 A.D.2d 277,634 N.Y.S.2d 461 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Danny MATOS, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
K.R. Vandevenne, for respondent.
J.I. Richman, for defendant-appellant.
Before ROSENBERGER, J.P., and RUBIN, KUPFERMAN, ASCH and WILLIAMS, JJ.
Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), rendered July 8, 1992, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 20 years to life and 5 to 15 years, respectively, unanimously affirmed.
At a hearing on defendant's motion to set aside the verdict, it was revealed for the first time that the trial prosecutor, in arranging for the security of an incarcerated witness, had notified the prosecutor in charge of the case against the witness, in another county, of the fact of this witness's "cooperation." We reject defendant's argument that this constituted the type of cooperation agreement or leniency promise required to be disclosed to the defense (cf., People v. Cwikla, 46 N.Y.2d 434, 414 N.Y.S.2d 102, 386 N.E.2d 1070). On the contrary, "there is nothing to indicate that [the witness's] co-operation was bargained for, directly or indirectly" (People v. Piazza, 48 N.Y.2d 151, 163, 422 N.Y.S.2d 9, 397 N.E.2d 700).
To continue reading
Request your trial
-
People v. Sibadan
...for their testimony (see, People v. Novoa, supra; People v. Piazza, 48 N.Y.2d 151, 163, 422 N.Y.S.2d 9, 397 N.E.2d 700; People v. Matos, 221 A.D.2d 277, 634 N.Y.S.2d 461, lv. denied 87 N.Y.2d 1022, 644 N.Y.S.2d 155, 666 N.E.2d 1069; see also, People v. St. John, 89 N.Y.2d 1018, 657 N.Y.S.2d......
-
People v. Matos
...155 644 N.Y.S.2d 155 87 N.Y.2d 1022, 666 N.E.2d 1069 People v. Danny Matos Court of Appeals of New York Mar 07, 1996 Simons, J. 221 A.D.2d 277, 634 N.Y.S.2d 461 App.Div. 1, Bronx Denied. ...