21 Cited authorities

Chapman v. California
386 U.S. 18 (1967) Cited 23,461 times 28 Legal Analyses
Holding that error is harmless only if "harmless beyond a reasonable doubt"
People v. Crimmins
36 N.Y.2d 230 (N.Y. 1975) Cited 5,682 times 5 Legal Analyses
Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"
Fahy v. Connecticut
375 U.S. 85 (1963) Cited 1,308 times
Holding that “petitioner should have had a chance to show that his admissions were induced by being confronted with the illegally seized evidence”
People v. Concepcion
2011 N.Y. Slip Op. 5110 (N.Y. 2011) Cited 224 times
Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"
People v. Martinez
71 N.Y.2d 937 (N.Y. 1988) Cited 372 times
Authorizing appropriate sanctions for the failure to preserve witness statements
People v. Ranghelle
69 N.Y.2d 56 (N.Y. 1986) Cited 312 times
In Ranghelle, the Court of Appeals found that certain memo books not turned over to the defense were not the duplicative equivalent of incident reports that merely transcribed the information in those memo books.
People v. Banch
80 N.Y.2d 610 (N.Y. 1992) Cited 154 times
In Banch, the Court of Appeals noted that when "the Rosario violation is not a complete failure to disclose the material but rather a delay in its disclosure[,]... reversal is not required unless the delay substantially prejudiced the defendant."
People v. Handy
2013 N.Y. Slip Op. 2103 (N.Y. 2013) Cited 81 times
In Handy, a police surveillance system created a series of images depicting a portion of the defendant's alleged jailhouse assault on some sheriff's deputies, and those images remained in the possession of the police (see id. at 666, 966 N.Y.S.2d 351, 988 N.E.2d 879).
People v. Wallace
76 N.Y.2d 953 (N.Y. 1990) Cited 120 times
In Wallace, the Rosario material consisted of contemporaneous notes taken by an undercover officer to describe the individual from whom he bought drugs, and the arresting officer's notes recording that description as the undercover officer broadcast it to him.
People v. Abney
2009 N.Y. Slip Op. 7668 (N.Y. 2009) Cited 62 times 1 Legal Analyses
Holding that the trial court should have conducted a Frye hearing on the issue of weapon focus

The People, Respondent,v.Christopher Martinez, Appellant.

21 Cited authorities

Holding that error is harmless only if "harmless beyond a reasonable doubt"

Holding that an error is prejudicial "if an appellate court concludes that there is a significant probability, rather than only a rational possibility, in the particular case that the jury would have acquitted the defendant had it not been for the error or errors which occurred"

Holding that “petitioner should have had a chance to show that his admissions were induced by being confronted with the illegally seized evidence”

Noting that New York Criminal Procedure Law Section 470.15 bars the Appellate Division "from affirming a judgment, sentence or order on a ground not decided adversely to the appellant by the trial court"

Authorizing appropriate sanctions for the failure to preserve witness statements

In Ranghelle, the Court of Appeals found that certain memo books not turned over to the defense were not the duplicative equivalent of incident reports that merely transcribed the information in those memo books.

In Banch, the Court of Appeals noted that when "the Rosario violation is not a complete failure to disclose the material but rather a delay in its disclosure[,]... reversal is not required unless the delay substantially prejudiced the defendant."

In Handy, a police surveillance system created a series of images depicting a portion of the defendant's alleged jailhouse assault on some sheriff's deputies, and those images remained in the possession of the police (see id. at 666, 966 N.Y.S.2d 351, 988 N.E.2d 879).

In Wallace, the Rosario material consisted of contemporaneous notes taken by an undercover officer to describe the individual from whom he bought drugs, and the arresting officer's notes recording that description as the undercover officer broadcast it to him.

Holding that the trial court should have conducted a Frye hearing on the issue of weapon focus