People v. Garner
Opinion of the Court
— Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that a prosecution witness’ testimony, that complainant told her that she had been raped and threatened with death if she told
There is no merit to defendant’s argument that the prosecutor’s delay in delivering Rosario material (see, People v Rosario, 9 NY2d 286, rearg denied 9 NY2d 908, cert denied 368 US 866, rearg denied 14 NY2d 876, 15 NY2d 765) deprived him of a fair trial. The statement in question was not part of the People’s direct case, but rather was rebuttal evidence. CPL 240.45 (1) does not require the prosecutor to anticipate the defenses that may be raised (People v Ross, 147 AD2d 954, lv denied 73 NY2d 1021).
In view of the heinous nature of the offenses, the sentencing court did not abuse its discretion in imposing the maximum permissible sentence. (Appeal from Judgment of Erie County Court, D’Amico, J. — Sodomy, 1st Degree.) Present — Callahan, J. P., Green, Lawton, Boehm and Doerr, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.