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eBook details

• Title: People State New York v. Daniel Turner
• Author : Supreme Court of New York
• Release Date : January 12, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

[48 A.D.2d 674 Page 674] Appeal by defendant from (1) a judgment of the Supreme Court, Kings County, rendered March 10, 1972, convicting him of murder, upon a jury verdict, and imposing sentence and (2) (by permission) an order of the same court, entered September 6, 1973, which denied his motion to vacate the said judgment, without a hearing. Appeal from the order dismissed as academic in view of the disposition herein of the appeal from the judgment. Judgment reversed, on the law, and new trial ordered. Appellant was charged with having shot and killed one Mary Booker during a robbery. Crucial to the prosecution's case was the identification of appellant by Booker's paramour, one Leon Wilson. Wilson testified at an identification hearing that he had begun viewing mug shots at the precinct house a few days after the crime. He testified at the trial that the perpetrator of the crime wore a light beige coat. In a police report filled out by the investigating detective more than two weeks after the crime, it is stated that Wilson had refused to look at the mug shots. The report gives the description of the perpetrator as wearing a three-quarter length black leather coat. Although the informant is listed as Booker (she was then still alive), the report notes that Wilson was unable to provide any further information which would aid in identifying the perpetrators. Although these blatant inconsistencies may have been explainable, the prima facie value of the policy report to appellant as exculpatory evidence is clear. Yet, despite an express order by the trial court to turn over any exculpatory material to the defense, the prosecution failed to provide defense counsel with the policy report. It is incumbent upon the prosecution to disclose any possible discrepancy in a witness' identification of a defendant (People v Ahmed, 20 N.Y.2d 958; People v Simmons, 36 N.Y.2d 126). The failure to do so requires a new trial. We also [48 A.D.2d 674 Page 675]

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