In People v. Malizia, 62 NY2d 755 [1984], the Court of Appeals held that the evidentiary rulings of a first trial did not automatically apply to a second trial (see People v. Nieves, 67 NY 125 [1986]).
2011 N.Y. Slip Op. 5110 (N.Y. 2011) Cited 225 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"
Upholding admission of expert testimony about child sexual abuse accommodation syndrome “for the purpose of instructing the jury about possible reasons why a child might not immediately report incidents of sexual abuse” and emphasizing that expert “never opined that defendant committed the crimes, that defendant's stepdaughter was sexually abused, or even that her specific actions and behavior were consistent with such abuse ”
Comparing the state law standard — whether there was a "reasonable possibility" that withheld evidence could have affected the result of the proceeding — to the federal standard of "reasonable probability"
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."
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).
Holding that where the testimony of a single eyewitness is without conflicts and found to be credible and reliable, such testimony is sufficient to support a criminal conviction