Longo v. Tafaro, 528 N.E.2d 518 (N.Y. 1988). · Go Syfert
Search
Longo v. Tafaro, 528 N.E.2d 518 (N.Y. 1988). Cases Citing This Book View Copy Cite
57 citation events (5 in the last 25 years) across 6 distinct courts.
Strongest positive: People v. Meyers (nyappdiv, 2020-04-24)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Meyers
N.Y. App. Div. · 2020 · confidence medium
Trial counsel had no basis to argue that the People [*3]committed a Rosario violation inasmuch as the People had no immediate access to the untranscribed portions of the fire investigators' prior testimony and therefore could not be held responsible for a failure to turn them over to defendant ( see People v Fishman , 72 NY2d 884, 886 [1988]).
discussed Cited as authority (rule) People v. West
N.Y. App. Div. · 2001 · confidence medium
Thus, “[hjaving had no immediate access of their own to the statements * * * the People cannot be held responsible for a failure to turn [testimony] over to defendant” (People v Fishman, 72 NY2d 884, 886 [citation omitted]; see, People v Kelly, 88 NY2d 248, 251-253 ).
discussed Cited as authority (rule) People v. Oglesby
N.Y. Sup. Ct. · 1998 · confidence medium
“The legislative history of CPL 240.45 indicates that it was designed to reduce the element of surprise, with its inherent unfairness, in criminal trials, as well as to broaden discovery * * * The statute demands fair play by both the prosecution and the defense” (People v Fishman, 72 NY2d 884, 887 [Titone, J., dissenting]).
discussed Cited as authority (rule) People v. France
N.Y. Sup. Ct. · 1994 · confidence medium
(People v Fishman, 72 NY2d 884, 886 [section 240.45 not applicable to court stenographer’s untranscribed minutes of accomplice witness’s plea of guilty]; see also, People v Reedy, 70 NY2d 826 [complaining witness’s private written account of the crime is not Rosario material]; People v Tissois, 72 NY2d 75 [nor are a social worker’s notes of an interview with the complaining witness]; People v Bailey, 73 NY2d 812 [nor a private security guard’s written report to his boss about the alleged crime].) Section 240.45 has been construed not literally or in isolation, but in the context of a…
discussed Cited as authority (rule) People v. Railey
N.Y. Sup. Ct. · 1993 · confidence medium
(See, People v Tissois, 72 NY2d 75 [1988] [statements made by a prosecution witness to a social worker for a child welfare agency held not in possession or control of People and were not Rosario material]; People v Fishman, 72 NY2d 884, 886 [1988] [untranscribed plea minutes of prosecution witness not Rosario material where People had "no immediate access of their own” to them]; People v Reedy, 70 NY2d 826 [1987] [victim’s personal written version of crime not in People’s possession or control and not Rosario material]; People v Flynn, 79 NY2d 879 [1992] [accident report filed by complai…
discussed Cited as authority (rule) People v. Anonymous
N.Y. City Crim. Ct. · 1992 · confidence medium
(People v Fishman, 72 NY2d 884, 886 [1988].) In the seminal case of People v Rosario (9 NY2d 286, 289 [1961]), the reach of the disclosure obligation was limited to statements made "to police, district attorney or grand jury.” The principal focus was statements made to law enforcement officers.
discussed Cited "see" People v. Booker
N.Y. App. Div. · 1990 · signal: see · confidence high
With respect to the defendant’s contention that he was denied a fair trial because of the People’s failure to turn over certain Rosario material, we note that the defendant’s attorney specifically waived production of the minutes of a parole revocation hearing at which one of the arresting officers testified and he cannot now be heard to complain of the People’s failure to locate and produce those minutes (cf., People v Seaberg, 74 NY2d 1 ; see, People v Fishman, 72 NY2d 884 ; People v Thomas, 147 AD2d 725 ; see also, People v Fields, 146 AD2d 505 ).
discussed Cited "see, e.g." People v. Washington (2×)
NY · 1995 · signal: see also · confidence low
Where the material sought is in the possession of a person or agency other than a law enforcement agency, the test of the People’s obligation to produce is whether the items sought are in the "control” of the People (see, People v Flynn, 79 NY2d 879, 882 [material in possession of Department of Motor Vehicles, a State administrative agency, were not in control of prosecutor]; People v Tissois, 72 NY2d 75, 78 [statements of victims of sexual abuse made to a social worker were not in control of the prosecutor]; People v Reedy, 70 NY2d 826, 827 [a personal account of a sexual attack written b…
discussed Cited "see, e.g." People v. Fields
N.Y. App. Div. · 1989 · signal: see also · confidence low
(People v Tissois, 72 NY2d 75 ; see also, People v Fishman, 72 NY2d 884 ; Matter of Eric W., 68 NY2d 633 .) Pragmatically, as well as logically, Rosario (supra) should not be interpreted to require the People to perform the defendant’s legwork for him, or to obtain material in the possession of an independent third party.
Retrieving the full opinion text from the archive…
Denise Longo, an Infant, by Her Parent and Natural Guardian, Joseph Longo
v.
Vincent Tafaro, and City of New York
New York Court of Appeals.
Jul 7, 1988.
528 N.E.2d 518
1988 N.Y. LEXIS 3983
Published

Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as affirmed Supreme Court’s order denying plaintiffs’ motion to set aside the verdict and for a new trial, dismissed upon the ground that the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied. Motion for poor person relief, etc., dismissed as academic.

Judge Titone taking no part.