People v. Robinson
| Decision Date | 10 September 1973 |
| Citation | 347 N.Y.S.2d 860,75 Misc.2d 477 |
| Parties | PEOPLE of the State of New York v. James ROBINSON, Defendant. |
| Court | New York City Court |
Carl A. Vergari, Dist. Atty., Westchester County, White Plains (Harold Hinz, Asst. Dist. Atty., of counsel), for complainant.
Jerome J. Goldstein, Mount Vernon, for defendant.
Defendant's motion for a bill of particulars is granted, but only to the extent that the District Attorney shall, within fifteen (15) days after the filing of this decision, furnish to the attorney for the defendant the names and addresses of persons whom the prosecuting attorney intends to call as witnesses at the trial of this harassment action, together with a copy of their relevant written statements, notes or memorandum, if any. Unless the note, writing, or memorandum, if any, made in this harassment action by the police officer, complainant, or any other police officer contains the opinions, theories or conclusions of such officer of discloses the name of an informant who could be placed in jeopardy, it is not 'exempt property' within the meaning of Section 240.10 of the Criminal Procedure Law.
As stated in the preamble to Section 1.2 of the 'Tentative Draft of Standards Relating To Discovery and Procedures Before Trial' (American Bar Association Project On Minimum Standards For Criminal Justice):
'In order to provide adequate information for informed pleas, expedite trials, minimize surprise, afford opportunity for effective cross-examinations, and meet the requirements of due process, discovery prior to trial should be as full and free as possible consistent with protection of persons, effective law enforcement, the adversary system, and national security.'
Since plea discussions and agreements are now a legitimate part of the criminal process, this Court can conceive of no reason why in a simple harassment prosecution the prosecution should withhold from the defense any note, writing or memorandum made by a police officer who was involved in the alleged harassment either as the complainant or as a witness thereto.
This decision shall constitute the order of this Court and a copy shall be served upon the defendant's attorney by the District Attorney.
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People v. Green
...52 (Sup.Ct., N.Y. County, 1973); People v. Sumpter, 75 Misc.2d 55, 347 N.Y.S.2d 670 (Sup.Ct., N.Y. County, 1973); People v. Robinson, 75 Misc.2d 477, 347 N.Y.S.2d 860 (City Ct. of Mt. Vernon, 1973); People v. Fraiser, 75 Misc.2d 756, 348 N.Y.S.2d 529 (County Ct., Nassau County, 1973); Peopl......
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Vergari v. Kendall
...of this harassment action, together with a copy of their relevant written statements, notes and memoranda if any'. (People v. Robinson, 75 Misc.2d 477, 347 N.Y.S.2d 860.) By decision and order dated October 25, 1973, the respondent granted reargument of the original motion and upon reargume......
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People v. Robinson
...at the trial of this harassment action, together with a copy of their relevant written statements, notes or memoranda, if any (75 Misc.2d 477, 347 N.Y.S.2d 860). The District Attorney has now moved to re-argue defendant's Apparently the District Attorney is of the opinion that the Court's d......