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eBook details

• Title: People State New York v. Clarence Jones
• Author : Supreme Court of New York
• Release Date : January 21, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Case held, decision reserved and matter remitted to Monroe County Court, for further proceedings, in accordance with the following memorandum: Defendant was convicted of rape in the first degree and criminal trespass in the second degree following a trial by jury. The crimes occurred on June 12, 1978 when the victim was raped in her home, and on July 10, 1978 when the victim and her boyfriend found the defendant inside the home. At the trial the prosecutor refused to furnish defense counsel with notes that he made during pretrial conversations with the boyfriend and a neighbor who testified regarding the July 10 incident. He claimed that the notes were not subject to disclosure because they were his "work product" and were not in question and answer form. The trial court accepted the prosecutors representation without examining the notes. Although a prosecutors opinions, theories or conclusions are not subject to disclosure (see People v Davis, 87 A.D.2d 597; cf. People v Consolazio, 40 N.Y.2d 446, 453, cert den 433 U.S. 914; see, also, CPL 240.10, subd 2), statements of prosecution witnesses which relate to the subject matter of their testimony must be disclosed (People v Malinsky, 15 N.Y.2d 86; People v [91 A.D.2d 1175 Page 1176]

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