People v. Lugo
Opinion of the Court
Appeal by the defendant from (1) a judgment of the Supreme Court, Kings County (Dowd, J.), rendered March 6, 1981, convicting him of murder in the second degree and assault in the second degree, upon a jury verdict, and imposing sentence, and (2), by permission, from (a) an order of the same court, dated October 10, 1984, which, after a hearing,
Ordered that the order dated February 13, 1987, is reversed, on the law and the facts, the defendant’s motion to vacate the judgment of conviction is granted, and a new trial is ordered. The appeals from the judgment and from the order dated October 10, 1984, are dismissed as academic.
The prosecution’s violation of the Rosario rule (see, People v Rosario, 9 NY2d 286, cert denied 368 US 866; CPL 240.45) requires reversal of the defendant’s conviction (see, People v Cardona, 138 AD2d 617).
In view of our determination, we do not address the defendant’s remaining contentions. Kooper, J. P., Spatt, Harwood and Rosenblatt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.