AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

IN THE MATTER OF JASON A. (ANONYMOUS), appellant.

DECISION ORDER

ORDERED that the appeal from so much of the order of disposition as placed the appellant on probation for a period of one year is dismissed as academic, without costs or disbursements, as the period of probation has expired ( see Matter of Wanji W., 305 A.D.2d 690); and it is further,

ORDERED that the order of disposition is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant's contention, under the circumstances, the Family Court correctly denied his motion to suppress the complainant's identification testimony ( see Matter of Ronald W., 146 A.D.2d 703; Matter of Kenneth S., 128 A.D.2d 881). Furthermore, under the circumstances, the court providently exercised its discretion in refusing to strike the complainant's testimony as a sanction for the destruction of Rosario material ( see People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866), the audiotape of a 911 telephone call ( see People v. Banch, 80 N.Y.2d 610; People v. Martinez, 71 N.Y.2d 937; People v. Haupt, 71 N.Y.2d 929). There was no showing of bad faith on the part of the Presentment Agency or evidence of prejudice to the appellant whose counsel had the opportunity to cross examine the Presentment Agency's witnesses using a "sprint" report of the 911 call ( see People v. Green, 244 A.D.2d 423).

The appellant's remaining contentions are without merit.

RITTER, J.P., TOWNES, MASTRO and SKELOS, JJ., concur.

Use AI to get other relevant cases.

Comments

IN THE MATTER OF JASON A
(May 24, 2004)