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People v. Barclift

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1996
228 A.D.2d 194 (N.Y. App. Div. 1996)

Opinion

June 6, 1996

Appeal from the Supreme Court, Bronx County (Robert Straus, J.).


The trial court properly denied defense counsel's request for an unredacted copy of the undercover's daily activity report since it did not constitute Rosario material. The undercover's direct testimony concerned the details of the pre-7:30 A.M. preparation meeting with other officers and the post-11:30 A.M. buy and bust operation resulting in defendant's arrest; he never testified as to any other drug buys that may have occurred on other stops made by the officer that morning. Defendant contends, for example, that "if the report indicated that the previous stops had failed to result in buys, counsel could [have used] that to suggest that, in this case, the officers were just trying to make a collar". However, this speculation about possible impeachment use of report entries that were not relevant to the subject matter of the witness's testimony does not invoke Rosario concerns ( People v. Watkins, 157 A.D.2d 301, 313).

Concur — Milonas, J.P., Rosenberger, Ross and Tom, JJ.


Summaries of

People v. Barclift

Appellate Division of the Supreme Court of New York, First Department
Jun 6, 1996
228 A.D.2d 194 (N.Y. App. Div. 1996)
Case details for

People v. Barclift

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMOTHY BARCLIFT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 6, 1996

Citations

228 A.D.2d 194 (N.Y. App. Div. 1996)
642 N.Y.S.2d 902

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