PEOPLE v. DUDLEY (2000)

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

The PEOPLE, etc., Respondent, v. Christopher DUDLEY, Appellant.

Decided: January 10, 2000

GUY JAMES MANGANO, P.J., WILLIAM C. THOMPSON, MYRIAM J. ALTMAN and DANIEL F. LUCIANO, JJ.

M. Sue Wycoff, New York City (Lorca Morello of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, (John M. Castellano and Linda M. Michetti of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered April 30, 1997, upon a jury verdict, convicting him of burglary in the third degree (two counts), and robbery in the third degree, and imposing sentence.

ORDERED that the judgment is reversed, on the law, and a new trial is ordered.

The trial court erred in failing to sanction the People for their failure to provide the defendant with his arrest photograph (see, CPL 240.20 [1] [d] ). The failure to provide the photograph prejudiced the defendant and warrants reversal (People v. DaGata, 86 N.Y.2d 40, 629 N.Y.S.2d 186, 652 N.E.2d 932; see also, People v. Cobb, 104 A.D.2d 656, 480 N.Y.S.2d 33).

In light of our determination we need not reach the defendant's remaining contention.

MEMORANDUM BY THE COURT.

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