PEOPLE v. BAUTISTA (2017)

Court of Appeals of New York.

The PEOPLE of the State of New York, Respondent, v. Vilma BAUTISTA, Appellant.

Decided: October 19, 2017

Nathan Z. Dershowitz, LLC, New York City (Nathan Z. Dershowitz and Amy Adelson of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Garrett A. Lynch, Allen J. Vickey and Vincent Rivellese of counsel), for respondent.

OPINION OF THE COURT

The order of the Appellate Division, insofar as appealed from, should be affirmed.

Defendant was not deprived of a fair trial by the prosecutor's remarks in summation, as they reflected arguments that were fairly inferable from the evidence adduced at trial. Further, we agree with the courts below that the notes taken during the interviews of an unindicted alleged coconspirator were not subject to disclosure under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) because, contrary to defendant's contention, the notes were not exculpatory as to defendant's convictions of criminal tax fraud in the first degree and offering a false instrument for filing in the first degree.

Order, insofar as appealed from, affirmed, in a memorandum.

MEMORANDUM.

Chief Judge DIFIORE and Judges RIVERA, STEIN, FAHEY, GARCIA, WILSON and FEINMAN concur.

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