New York Court of Appeals, 1997

People v. Callendar

New York Court of Appeals · Decided June 10, 1997 · Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley Concur

683 N.E.2d 332; 90 N.Y.2d 831; 660 N.Y.S.2d 710; 1997 N.Y. LEXIS 1359 (North Eastern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

People v. Garcia (Appellate Division of the Supreme Court of New York 2007)
People v. Espinal (Appellate Division of the Supreme Court of New York 2004)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The People’s sole argument is that a prejudice standard, rather than the per se error rule, should apply to Rosario violations raised by CPL 440.10 motions made before defendant’s direct appeal is concluded (see also, People v Machado, 90 NY2d 187 [decided today]). Having failed to raise this specific issue before the hearing court, the People have not preserved their claim for our review.

Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.