PEOPLE v. MENDEZ (2008)

Supreme Court, Appellate Division, Fourth Department, New York.

The PEOPLE of the State of New York, Respondent, v. Simon MENDEZ, Defendant-Appellant.

Decided: April 25, 2008

PRESENT: HURLBUTT, J.P., MARTOCHE, FAHEY, GREEN, AND GORSKI, JJ.

Timothy P. Donaher, Public Defender, Rochester (Timothy S. Davis of Counsel), for Defendant-Appellant. Michael C. Green, District Attorney, Rochester (Elizabeth Clifford of Counsel), for Respondent.

Defendant appeals from a judgment convicting him, following a bench trial, of criminal possession of a controlled substance in the first degree (Penal Law § 220.21 [former (1) ] ) and criminal possession of a controlled substance in the third degree (§ 220.16[1] ). We reject defendant's contention that there was a Rosario violation and, even assuming, arguendo, that there was a Brady violation, we conclude that reversal is not required based thereon inasmuch as “there is no reasonable probability that the verdict would have been different had the material been disclosed to the defense and presented to the trier of fact” (People v. Leon, 23 A.D.3d 1110, 1112, 804 N.Y.S.2d 220, lv. denied 6 N.Y.3d 755, 810 N.Y.S.2d 423, 843 N.E.2d 1163 [internal quotation marks omitted] ). The further contention of defendant that his due process rights were violated based on the People's failure to videotape his interrogation is without merit (see People v. Rosas, 30 A.D.3d 545, 818 N.Y.S.2d 126, affd. 8 N.Y.3d 493, 836 N.Y.S.2d 518, 868 N.E.2d 199).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network