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People v. Samuels

Appellate Division of the Supreme Court of New York, First Department
Jan 7, 1999
257 A.D.2d 401 (N.Y. App. Div. 1999)

Opinion

January 7, 1999.

Appeal from the Supreme Court, Bronx County (John Byrne, J.).


The motion to vacate was properly denied. The information regarding the complaining witness's prior arrest for a misdemeanor was unknown to the prosecution, and since the prosecution's lack of knowledge was the result of the witness's use of an alias and possession of two NYSID numbers, knowledge of the prior arrest should not be imputed to the prosecution ( see, People v. Clark, 228 A.D.2d 326, lv denied 89 N.Y.2d 863; People v. Santiago, 138 A.D.2d 327, 329). In any event, had the underlying facts of the witness's relatively minor arrest (complaint dismissed) been disclosed, there was no reasonable possibility that a different verdict would have resulted ( see, People v. Quinones, 251 A.D.2d 270, lv denied 92 N.Y.2d 929).

Concur — Sullivan, J.P., Rosenberger, Williams and Saxe, JJ.


Summaries of

People v. Samuels

Appellate Division of the Supreme Court of New York, First Department
Jan 7, 1999
257 A.D.2d 401 (N.Y. App. Div. 1999)
Case details for

People v. Samuels

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRIS SAMUELS…

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

Date published: Jan 7, 1999

Citations

257 A.D.2d 401 (N.Y. App. Div. 1999)
684 N.Y.S.2d 191

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