AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHNNY SUTTON, Appellant.

Ordered that the judgment is affirmed.

The defendant failed to establish a factual basis to support his contention that there existed undisclosed Rosario material (see, People v. Poole, 48 N.Y.2d 144, 149; People v. Billups, 201 A.D.2d 740; cf., People v. Adger, 75 N.Y.2d 723). Accordingly, the trial court properly declined to conduct a hearing with respect to the defendant's Rosario contention.

The trial court did not improvidently exercise its discretion in excluding from evidence a police report containing a purported prior inconsistent statement allegedly made by the complainant, since the defense counsel failed to lay a proper foundation for its admission by confronting the complainant with the alleged discrepancies (see, People v. Duncan, 46 N.Y.2d 74, cert denied 442 U.S. 910; People v. Weldon, 111 N.Y. 569; People v. Banks, 151 A.D.2d 491; People v. Jones, 136 A.D.2d 740; see also, Richardson, Evidence § 501 [Prince 10th ed]).

We have considered the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Balletta, Rosenblatt and Florio, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. SUTTON
(Nov 7, 1994)