People v. Wilson, 167 A.D.2d 946 (N.Y. App. Div. 4th Dep't 1990). · Go Syfert
People v. Wilson, 167 A.D.2d 946 (N.Y. App. Div. 4th Dep't 1990). Cases Citing This Book View Copy Cite
6 citation events (1 in the last 25 years) across 1 distinct court.
Cited for
At page 947 cert denied 368 US 866, rearg denied 14 NY2d 876, 15 NY2d 765) does not require reversal because defendant was not "substantially prejudiced by the delay”…1 citing caseopening of page *947 (no citing court says what it cites this page for)
  • People v. Eldridge, 221 A.D.2d 966 (N.Y. App. Div. 4th Dep't 1995).published
    In any event, the report was given to defendant in sufficient time for him to make meaningful use of it (see, People v Cortijo, 70 NY2d 868, 870 ; People v Wilson, 167 AD2d 946, 947, lv denied 77 NY2d 845 ).
Other citing cases1 with no pin cite or quoted language on record
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The People of the State of New York
v.
Willie B. Wilson
Appellate Division of the Supreme Court of the State of New York.
Nov 16, 1990.
Published opinion
167 A.D.2d 946
1990 N.Y. App. Div. LEXIS 14527
Cited by 6 opinions  |  Published

Judgment unanimously affirmed. Memorandum: Defendant’s claim of entitlement to a charge on the defense of justification has not been preserved for our review because he did not request that charge nor did he except to the court’s charge as given (see, People v Pagan, 162 AD2d 999). Moreover, defendant was not entitled to a justification charge because the proof at trial did not adequately raise that issue as a question of fact for the jury (People v Watts, 57 NY2d 299, 301).

Defendant failed to preserve for our review his claim that the court’s charge on identification was not sufficiently detailed (see, CPL 470.05 [2]). He neither requested a more expansive identification charge nor excepted to the court’s charge as given. Further, we find the court’s charge on identification to be legally sufficient (see, People v Whalen, 59 NY2d 273, 279).

The People’s delay in turning over certain Rosario material (see, People v Rosario, 9 NY2d 286, rearg denied 9 NY2d 908,[*947] cert denied 368 US 866, rearg denied 14 NY2d 876, 15 NY2d 765) does not require reversal because defendant was not "substantially prejudiced by the delay” (People v Ranghelle, 69 NY2d 56, 63; see also, People v Martinez, 71 NY2d 937). Similarly, a reversal is not mandated by the delay in providing certain exculpatory information to defendant inasmuch as the material was given to defense counsel in sufficient time to enable him to effectively cross-examine the witnesses (see, Brady v Maryland, 373 US 83). The evidence was disclosed prior to the commencement of trial "and there was no indication that earlier disclosure would have substantially affected the nature of the evidence or altered defendants’ trial strategy” (People v Clark, 89 AD2d 820, cert denied 459 US 1090).

The trial court properly denied defendant’s motion for a trial order of dismissal at the close of the People’s case because the evidence, viewed in the light most favorable to the People, was "competent evidence which, if accepted as true, would establish every element of an offense charged and the defendant’s commission thereof’ (CPL 70.10 [1]; 290.10 [1]; see, People v Vasquez, 142 AD2d 698, 700-701, lv denied 72 NY2d 1050). Further, the jury verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495).

We have reviewed defendant’s remaining contentions and we find them either unpreserved for our review, or where preserved, to be lacking in merit. (Appeal from judgment of Oneida County Court, Auser, J.—assault, second degree.) Present—Doerr, J. P., Boomer, Pine, Lawton and Davis, JJ.