Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

PEOPLE v. COLLINS

Appellate Division of the Supreme Court of New York, Second Department.
May 7, 2001

ORDERED that the judgment is affirmed.

The defendant claims that he is entitled to a de novo suppression hearing because of the People's delay in providing certain Rosario material (see, People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866). We disagree. Where, as here, there is a delay in providing Rosario material at a suppression hearing, the defendant is entitled to a de novo hearing only where there has been a showing of substantial prejudice (see, People v. Cannon, 171 A.D.2d 752; see also, People v. Antelmi, 187 A.D.2d 601). The defendant has failed to show the existence of substantial prejudice here.

The defendant's remaining contentions are without merit.