People v. Jackson, 281 A.D.2d 906 (N.Y. App. Div. 2001). · Go Syfert
People v. Jackson, 281 A.D.2d 906 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
17 citation events (17 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Harris (nyappdiv, 2008-12-31)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Harris
N.Y. App. Div. · 2008 · confidence medium
We further conclude that, although defendant appeared in handcuffs and was escorted by police officers, the showup identification procedure was not unduly suggestive (see People v Jackson, 281 AD2d 906, 907-908 [2001], lv denied 96 NY2d 920 [2001]).
discussed Cited as authority (rule) People v. Hampton
N.Y. App. Div. · 2008 · confidence medium
Thus, as the court properly determined, the showup identification procedure was not unduly suggestive (see People v Jackson, 281 AD2d 906, 907 [2001], lv denied 96 NY2d 920 [2001]; People v Boyd, 272 AD2d 898, 899 [2000], lv denied 95 NY2d 850 [2000]; People v Johnson, 262 AD2d 1004 [1999], lv denied 93 NY2d 1020 [1999]).
discussed Cited as authority (rule) People v. Knightner
N.Y. App. Div. · 2004 · confidence medium
Supreme Court offered defendant an adjournment in order to pursue the issue of the 911 tape recording and a collection of run sheets suggesting that a different individual was the initial suspect, and defendant rejected that offer. “[W]hile the People unquestionably have a duty to disclose exculpatory material in their control, a defendant’s constitutional right to a fair trial is not violated when, as here, he is given a meaningful opportunity to use the allegedly exculpatory material to cross-examine the People’s witnesses] or as evidence during his case” (People v Jackson, 281 AD2d …
discussed Cited as authority (rule) People v. Radesi
N.Y. App. Div. · 2004 · confidence medium
Assuming, arguendo, that the People’s failure to disclose that chemist’s opinion constituted a Brady violation, we note that, because defendant had a meaningful opportunity to use the allegedly exculpatory material during his case, his right to a fair trial was not violated (see People v Cortijo, 70 NY2d 868, 870 [1987]; People v Yelle, 303 AD2d 1043, 1044 [2003], lv denied 100 NY2d 626 [2003]; People v Jackson, 281 AD2d 906, 907 [2001], lv denied 96 NY2d 920 [2001]).
discussed Cited "see" People v. Thomas
N.Y. App. Div. · 2018 · signal: see · confidence high
"Untimely or delayed disclosure will not prejudice a defendant or deprive him or her of a fair trial where[, as here,] the defense is provided with a meaningful opportunity to use the allegedly exculpatory [or impeaching] material to cross-examine the People's witnesses or as evidence during his [or her] case' " ( People v Carter , 131 AD3d 717, 718-719 [3d Dept 2015], lv denied 26 NY3d 1007 [2015], quoting People v Cortijo , 70 NY2d 868, 870 [1987]; see People v Jackson , 281 AD2d 906, 907 [4th Dept 2001], lv denied 96 NY2d 920 [2001]).
discussed Cited "see" People v. Terborg
N.Y. App. Div. · 2008 · signal: see · confidence high
Defendant was apprehended only 20 minutes after he initially fled from the police, and the showup identification procedure, which was conducted approximately one-half mile from the location where the officer initially observed defendant, was “the culmination of an unbroken chain of exigent events” (People v Davis, 232 AD2d 154, 154 [1996], lv denied 89 NY2d 941 , 1091 [1997]; see People v Jackson, 281 AD2d 906, 907 [2001], lv denied 96 NY2d 920 [2001]; People v Boyd, 272 AD2d 898, 899 [2000], lv denied 95 NY2d 850 [2000]).
discussed Cited "see" People v. Bonilla
N.Y. App. Div. · 2002 · signal: see · confidence high
Defendant was “given a meaningful opportunity to use the * * * exculpatory material to cross-examine the People’s witnesses or as evidence during his case” (People v Cortijo, 70 NY2d 868, 870 ; see People v Jackson, 281 AD2d 906, 907 , lv denied 96 NY2d 920 ; People v Duncan, 277 AD2d 997, 998 ).
discussed Cited "see" People v. Jansen
N.Y. App. Div. · 2001 · signal: see · confidence high
Defendant contends that the judgment of conviction must be reversed because the People committed a Brady violation by deliberately failing to disclose the minutes of the infant victim’s Grand Jury testimony in a timely manner. “ ‘While the People unquestionably have a duty to disclose exculpatory material in their control,’ a defendant’s constitutional right to a fair trial is not violated when, as here, he is given a meaningful opportunity to use the allegedly exculpatory material to cross examine the People’s witness [] or as evidence during his case” (People v Cortijo, 70 NY2d…
discussed Cited "see, e.g." People v. Delatorres
N.Y. App. Div. · 2006 · signal: see also · confidence low
“The People’s delay in complying with the provisions of CPL 240.20 constitutes reversible error . . . only when the delay substantially prejudices defendant,” and here defendant failed to establish that he was “substantially prejudice^] ” by the alleged delay (People v Benitez, 221 AD2d 965, 966 [1995], lv denied 87 NY2d 970 [1996]; see also People v Welch, 281 AD2d 906 [2001], lv denied 97 NY2d 734 [2002]; People v Pagano, 135 AD2d 1102 [1987], lv denied 71 NY2d 1031 [1988]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Norbert Jackson
Appellate Division of the Supreme Court of the State of New York.
Mar 21, 2001.
281 A.D.2d 906
Cited by 13 opinions  |  Published

—Judgment unanimously affirmed. Memorandum: Defendant was convicted upon a jury verdict of two counts of robbery in the first degree[*907] (Penal Law § 160.15 [4]), and one count each of burglary in the first degree (Penal Law § 140.30 [1]) and criminal possession of a weapon in the second degree (Penal Law former § 265.03), arising out of a home-invasion robbery. In response to a radio dispatch of a burglary in progress, a police officer arrived at the scene, where he observed a masked man armed with a gun inside the house. The masked man then fled. Following a foot chase, defendant was arrested by the officer a short distance away. Approximately one hour after his arrest, defendant was brought back to the scene of the crime, where two of the victims identified defendant by his clothing. At trial, one of those two victims testified that she could not identify defendant at two subsequent showups because he was not wearing the same clothes. Defendant contends that the failure of the witness to identify him at the two subsequent showups constitutes Brady material and that the judgment of conviction must be reversed because the District Attorney failed to give him timely notice of that Brady material. We disagree. Even assuming, arguendo, that the witness’s failure to identify defendant on the subsequent occasions when defendant was wearing different clothing meets the Brady requirement that the material be exculpatory, we nevertheless conclude that defendant would not be entitled to a new trial based on that alleged violation. “ ‘[Wjhile the People unquestionably have a duty to disclose exculpatory material in their control,’ a defendant’s constitutional right to a fair trial is not violated when, as here, he is given a meaningful opportunity to use the allegedly exculpatory material to cross-examine the People’s witness!] or as evidence during his case” (People v Cortijo, 70 NY2d 868, 870; see, People v Kelly, 270 AD2d 511, 514, lv denied 95 NY2d 854; People v Tillman, 261 AD2d 854, 854-855, lv denied 93 NY2d 980).

There is also no merit to defendant’s contentions in the pro se supplemental brief. County Court properly determined that the police officer had probable cause to believe that defendant had committed a crime in his presence and to arrest defendant a short distance from the scene of the crime following a brief chase (see, CPL 140.10 [1]; see generally, People v De Bour, 40 NY2d 210, 223). The court also properly determined that the showup identification procedure was not unduly suggestive. Defendant was apprehended a short distance from the scene of the crime, and the police conducted the showup within approximately one hour of the crime (see, People v Ortiz, 90 NY2d 533, 537; People v Fontanez, 278 AD2d 933; People v Lockwood, 270 AD2d 848, 849, lv denied 94 NY2d 949). Although defendant was handcuffed and standing between two police officers[*908] during the showup, the record supports the determination of the suppression court that the identification procedure was not unduly suggestive (see, People v Duuvon, 77 NY2d 541, 545; People v Fontanez, supra; People v Sanabria, 266 AD2d 41, lv denied 94 NY2d 884). (Appeal from Judgment of Monroe County Court, Bristol, J. — Burglary, 1st Degree.) Present— Pigott, Jr., P. J., Wisner, Hurlbutt, Kehoe and Lawton, JJ.